Renewal of Copyright
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U.S. Copyright Office Circulars › U.S. Copyright Office, Circular 6A
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CIRCULAR
6A
Works that secured copyright protection before January 1,
1978, were eligible for up to two terms of protection: an origi
nal term of twenty-eight years, followed by a renewal term.1
Copyright owners of these works had to file a renewal appli
cation before the end of the twenty-eighth year to extend
copyright protection into the renewal term. If a renewal
registration was not properly filed, copyright protection
ended on the twenty-ninth anniversary date of the original
term, and the work entered the public domain.
note: There is an exception to this rule for certain foreign
works whose copyright protection was restored under the
terms of the Uruguay Round Agreement Act (URAA). For
more information, see Copyright Restoration under the URAA
(Circular 38B).
Congress amended the copyright law in 1992 to make
renewal automatic for works that secured federal copyright
protection in the United States between January 1, 1964, and
December 31, 1977. In 1998, Congress extended the length of
the renewal term. As a result, these works enjoy a copyright
term of ninety-five years: twenty-eight years in the original
term and sixty-seven years in the renewal term. For more
information about the legislative developments related to
renewal, see chapter 2100, parts I and II, of the Compendium
of U.S. Copyright Office Practices.
Although filing a renewal registration for works that
secured federal copyright protection between January 1, 1964,
and December 31, 1977, is optional, registration during the
renewal term provides certain benefits, including
• Eligibility to file an infringement action in federal court
when no registration was made for the original term
• Eligibility for statutory damages and attorneys’ fees
when no registration was made for the original term
• Creation of a public record of the initial vesting of the re-
newal copyright and ownership at the time of registration
This circular provides basic information
regarding renewal registration for
works tha
nt action in federal court
when no registration was made for the original term
• Eligibility for statutory damages and attorneys’ fees
when no registration was made for the original term
• Creation of a public record of the initial vesting of the re-
newal copyright and ownership at the time of registration
This circular provides basic information
regarding renewal registration for
works that first secured federal
protection between January 1, 1964,
and December 31, 1977. For these
works, renewal registration is optional,
but still carries a number of benefits.
Topics covered include
• Incentives for registering a
renewal claim
• Copyright ownership during
the renewal term
• The procedure for registering
a renewal claim
Renewal of Copyright
Renewal of Copyright
2
note: Renewal of works protected by copyright can be complicated and has serious legal implica
tions. This circular is a general introduction to this topic. Refer to chapter 2100 of the Compendium
for further information.
Determining Whether a Work Was Automatically Renewed
To be eligible for automatic renewal, a work must have secured federal copyright protection between
January 1, 1964, and December 31, 1977, and it must have maintained that copyright throughout
the original term. For unpublished works, copyright was secured by registering the work with the
Copyright Office. For published works, copyright generally was secured at the date of publication
with adequate notice. Notice typically consists of three elements: (1) the word “copyright,” the
abbreviation “copr.,” or the symbol ©; (2) the name of the copyright proprietor; and (3) the year of
publication. This notice must be in English and appear in a place prescribed by the law in effect at
the time of publication. For issues related to notice, renewal, and specific categories of works see
chapter 2100 of the Compendium
ally consists of three elements: (1) the word “copyright,” the
abbreviation “copr.,” or the symbol ©; (2) the name of the copyright proprietor; and (3) the year of
publication. This notice must be in English and appear in a place prescribed by the law in effect at
the time of publication. For issues related to notice, renewal, and specific categories of works see
chapter 2100 of the Compendium.
Identifying the Claimant in the Renewal Copyright
The law states that the renewal copyright vests at the beginning of the renewal term, and it identifies
who can claim it. Generally, the claimant is the individual or entity that was entitled to claim the
renewal copyright on December 31 of the twenty-eighth year of the original term.
The following individuals are entitled to claim the renewal copyright:
1.
If the author was alive on the last day of the original term, the author can claim the renewal
copyright as the “author” on the renewal application.
2. If the author died during the original term, the author’s widow or widower or any child who
was alive on the last day of the original term can claim the renewal copyright on the applica
tion as the “widow of the deceased author”; the “widower of the deceased author”; the “child
of the deceased author”; or the “children of the deceased author.”
3. If the author, the author’s widow or widower, and the author’s children all died during the
original term, and if the author left a will that was not yet discharged on the last day of the
original term, the author’s executors can claim the renewal copyright on the application as
the “executors of the deceased author.”
4
ild
of the deceased author”; or the “children of the deceased author.”
3. If the author, the author’s widow or widower, and the author’s children all died during the
original term, and if the author left a will that was not yet discharged on the last day of the
original term, the author’s executors can claim the renewal copyright on the application as
the “executors of the deceased author.”
4. If the author, the author’s widow or widower, and the author’s children all died during the
original term, and if the author did not leave a will, the author’s next of kin can claim the
renewal copyright on the application as the “next of kin of the deceased author, there being
no will.”
If the work falls under one of the following categories, the copyright proprietor—or owner—of
the work can claim the renewal copyright.
1.
Posthumous works. A posthumous work is a work first published after the author’s death where
no copyright assignment or other contract for exploitation occurred during the author’s life
time. On the renewal application, the copyright proprietor on the last day of the original term
can claim the renewal copyright as “proprietor of copyright in a posthumous work.”
Renewal of Copyright
3
2. Periodical, cyclopedic, or other composite works. The copyright proprietor on the last day of the
original term can claim the renewal copyright on the application as “proprietor of copyright in
a composite work.”
3. Work copyrighted by an employer for whom such work was made for hire. The copyright propri
etor on the last day of the original term can claim the renewal copyright on the application as
“proprietor of copyright in a work made for hire.”
4. Work copyrighted by a corporate body otherwise than an assignee or licensee of the individual
author
as “proprietor of copyright in
a composite work.”
3. Work copyrighted by an employer for whom such work was made for hire. The copyright propri
etor on the last day of the original term can claim the renewal copyright on the application as
“proprietor of copyright in a work made for hire.”
4. Work copyrighted by a corporate body otherwise than an assignee or licensee of the individual
author. The copyright proprietor on the last day of the original term can claim the renewal
copyright on the application as “proprietor of copyright in a work copyrighted by a corpo
rate body otherwise than as assignee or licensee of the individual author.”
note: This type of claim is rare.
In completing a renewal application, identify the initial vested owner of the renewal copyright
and state the basis for claiming the renewal copyright from one of the lists above. When the initial
vested owner is dead or defunct, also identify the party that currently owns the renewal copyright
and state how that party acquired the renewal copyright from the initial vested owner. For more
information about vested ownership, see chapter 2100, section 2115.5, of the Compendium.
Filing a Renewal Registration with the Copyright Office
The Copyright Office will accept a renewal application for works that secured copyright between
January 1, 1964, and December 31, 1977, at any time during the renewal term. To register a renewal
claim, you must submit a complete application Form RE and filing fee, and you may need to submit
a copy of the work. You may also need to file Form RE/Addendum, in addition to Form RE, depend
ing on whether the work was registered for the original term.2
note: The Copyright Office charges a nonrefundable filing fee for Form RE and an additional nonre
fundable fee for Form RE/Addendum. Fees are subject to change. For current registration fees, see
Copyright Office Fees (Circular 4)
submit
a copy of the work. You may also need to file Form RE/Addendum, in addition to Form RE, depend
ing on whether the work was registered for the original term.2
note: The Copyright Office charges a nonrefundable filing fee for Form RE and an additional nonre
fundable fee for Form RE/Addendum. Fees are subject to change. For current registration fees, see
Copyright Office Fees (Circular 4).
If you do not know whether a work was registered for the original term, you can search the
physical records at the Copyright Office, consult the Catalog of Copyright Entries, or request a paid
search by the Office’s staff. For more information about Office records and copyright searches, see
Obtaining Access to and Copies of Copyright Records and Deposits (Circular 6), How to Investigate the
Copyright Status of a Work (Circular 22), and The Copyright Card Catalog and the Online Files of the
Copyright Office (Circular 23).
Works Registered for the Original Term
If a work was registered with the Copyright Office for the original term, or was first published as
part of a larger registered work, complete and submit Form RE along with the filing fee. For assis
tance in completing Form RE, see chapter 2100, section 2115, of the Compendium. You do not need
to submit a copy of the work with the application and filing fee if the renewal claim is based on the
original registration record for the work itself or for the larger work in which it was first published.
However, the Office may request material from the work if it is needed to facilitate the examination
of the renewal claim.
see chapter 2100, section 2115, of the Compendium. You do not need
to submit a copy of the work with the application and filing fee if the renewal claim is based on the
original registration record for the work itself or for the larger work in which it was first published.
However, the Office may request material from the work if it is needed to facilitate the examination
of the renewal claim.
Renewal of Copyright
4
Published Works Not Registered for the Original Term
If a work was not registered for the original term, or if the renewal claim is for a published work that
initially secured copyright protection by being registered as an unpublished work, complete and
submit Form RE and Form RE/Addendum along with the filing fee for each form. For assistance in
completing Form RE and Form RE/Addendum, see chapter 2100, sections 2115 and 2116, of the Com
pendium. In addition, submit a complete copy or phonorecord of the best edition of the work as first
published or approved identifying material. For more information, see Mandatory Deposit of Copies
or Phonorecords for the Library of Congress (Circular 7D) and Best Edition of Published Copyrighted
Works for the Collections of the Library of Congress (Circular 7B).
The Office may accept alternative deposits or identifying material when only archival copies exist;
when the work was originally published in a periodical, a collection, or a larger work; or when the
work being registered is an eligible component embodied in a published motion picture. For prac
tices and procedures related to alternative deposits and identifying material, see chapter 2100, sec
tions 2116.5(B) through (D), of the Compendium.
The Office will use the information on Form RE/Addendum to determine if the copyright was
properly secured when the work was first published or if copyright protection has been lost because
of a subsequent failure to comply with the requirements of the law. The Office will use the deposit
material to facilitate its examination of the renewal claim
ions 2116.5(B) through (D), of the Compendium.
The Office will use the information on Form RE/Addendum to determine if the copyright was
properly secured when the work was first published or if copyright protection has been lost because
of a subsequent failure to comply with the requirements of the law. The Office will use the deposit
material to facilitate its examination of the renewal claim.
Derivative Works
The copyright in a derivative work—a new version of a preexisting work—covers only the additions,
changes, or other new material appearing for the first time in the new version. Examples of deriva
tive works include a work reissued with new material, such as a translation, musical arrangement,
dramatization, or compilation. The copyright in the derivative work is independent of the copyright
in any version that was previously published or registered. For renewal purposes, the person who
created the original version is not the author of the derivative work, unless that person also created
or cocreated the derivative work.
Contributions to Periodicals or Other Composite Works
You can submit a separate renewal application for a contribution to a larger work even if the contri
bution was initially registered as part of the larger work. This option applies to contributions first
published in periodicals, encyclopedic works, composite works, and eligible published collections,
including contributions that were created as works made for hire. However, when a contribution
or separate work was first published with its own separate copyright notice, you must register it
separately for the renewal term. For more information, see chapter 2100, sections 2126 and 2127, of
the Compendium.
Notice of Renewal of Copyright
The Office is often asked whether the copyright notice appearing on a work should reflect the date
that the copyright was originally secured or the date that the copyright was renewed. The copyright
law is silent on this point
, you must register it
separately for the renewal term. For more information, see chapter 2100, sections 2126 and 2127, of
the Compendium.
Notice of Renewal of Copyright
The Office is often asked whether the copyright notice appearing on a work should reflect the date
that the copyright was originally secured or the date that the copyright was renewed. The copyright
law is silent on this point. Using the copyright notice that appeared on the work when it was first
published may be appropriate, but it may also be helpful to indicate that the copyright has been
renewed, as in © 1975 Robert Wyse. Copyright renewed 2003 by Renita Holmes Wyse.
Renewal of Copyright
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notes
1. This circular is intended as a limited introduction to renewal registration of works that first
secured federal copyright protection between January 1, 1964, and December 31, 1977. Works that
secured copyright protection on or after January 1, 1978, are granted one term of copyright protec
tion that generally lasts the life of an author plus seventy years. The authoritative source for U.S.
copyright law is the Copyright Act, codified in Title 17 of the United States Code. Copyright Office
regulations are codified in Title 37 of the Code of Federal Regulations. Copyright Office practices and
procedures are summarized in the third edition of the Compendium of U.S. Copyright Office Practices,
cited as the Compendium. The copyright law, regulations, and the Compendium are available on the
Copyright Office website at www.copyright.gov.
2. At this time, Form RE and Form RE/Addendum are available only as paper application forms. Elec
tronic registration is not available for renewal registrations.
s are summarized in the third edition of the Compendium of U.S. Copyright Office Practices,
cited as the Compendium. The copyright law, regulations, and the Compendium are available on the
Copyright Office website at www.copyright.gov.
2. At this time, Form RE and Form RE/Addendum are available only as paper application forms. Elec
tronic registration is not available for renewal registrations.
1 U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.gov
CIRCULAR 6A
REVISED: 03/2021
PRINT: 00/0000 — 0000
For Further Information
By Internet
The copyright law, the Compendium, electronic registration, application forms, regulations,
and related materials are available on the Copyright Office website at www.copyright.gov.
By Email
To send an email inquiry, click the Contact Us link on the Copyright Office website.
By Telephone
For general information, call the Copyright Public Information Office at (202) 707-3000 or
1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time,
Monday through Friday, except federal holidays. To request application forms or circulars by
postal mail, call (202) 707-9100 or 1-877-476-0778 and leave a recorded message.
By Regular Mail
Write to
Library of Congress
U.S. Copyright Office
Outreach and Education Section
101 Independence Avenue, SE #6304
Washington, DC 20559-6304
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.