2. COPYRIGHT DURATION
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Under the US Constitution, Copyright Duration must be limited… but no guidance
was given as to just how limited it may be.
Why so important? Once the term has expired, the work enters the Public Domain.
There is a value in having works benefit the author.
There is also a value in having works enter the public domain where others can use
it to create future works.
Example: West Side Story and innumerable works stem from Shakespeare.
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5. COPYRIGHT DURATION
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1909 Act
2. Initial term was 28 years w/28 year renewal.
(Max 56 years)
a) In order to keep protection upon renewal, a renewal
registration was needed . If not renewed properly in
last year of term it fell into the Public Domain.
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16. COPYRIGHT DURATION
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1976 Act
3. Published or Registered before 1978: Governed initially by 1909 Act with 28
year term and renewals. The 1976 Act made some changes to extend length of
renewal.
A. Renewal #1: Extended Renewal for 19 more years to = 47 years
WHY? To give 75 years protection, making it closer to 1976 Act.
B. Renewal #2: Under 1998 Sonny Bono Act, 20 more years added = 67 years.
This makes the Maximum Term 95 years (28 ofTerm 1 + 67 ofTerm 2 = 95)
Result: 1. Works Published from 1964 to 1977 got automatic renewal
2. Works Published 1923 to 1963 had to renew at 28 years or PD.
3. Works Published before 1923 = Public Domain 16
19. COPYRIGHT DURATION
MBU 2520 Spring 2020 - Eric M. Griffin
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NOTE: Book is incorrect about Happy Birthday. In 2016 a
court found that Happy Birthday was in Public Domain. The
song is based on a song first registered in 1893 with the
Birthday lyrics added later. U.S. District Courtruled that the
copyright originally filed by the Clayton F. Summy Co. in 1935
granted rights only to the melody and specific arrangements
of the tune but not to the actual song itself, as Summy never
acquired the rights to the song’s lyrics
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20. COPYRIGHT DURATION
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Restoration of Copyrights in Foreign Works:
Generally when a work enters the PD it stays there. BUT there may be an
exception with foreign works.
This allows recapture for works published in the USA before 1964 BUT that
missed renewal since most foreign countries didn’t have a renewal system.
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