The Anderson and Associates Advantage

RENEWAL & RECORDING CHANGES TO COPYRIGHT OWNERSHIP

Renewal of Copyright Registration

Since the U.S. Copyright Act was amended in 1992, most works do not currently require renewal as the length of protection has been automaticaly extended as follows:

For works created on or after January 1, 1978 - the term of copyright for the author's life plus 50 years after the author's death. In the case of "joint works" by two or more authors, the term lasts for 50 years after the surviving author's death. For works made for hire, the duration of copyright will be 75 years from publication, or 100 years from creation, whichever is shorter.

For works created and published or registered before January 1, 1978, a renewal registration was required or else the copyright would expire 28 years after it was secured.

These rules have also been amended and while a renewal registration is now optional for works created before 1978, it remains highly advisable to take advantage of the benefits of renewal.

Mr. Anderson has prepared hundreds of copyright renewals, most notably for a series of television programs owned by the late, great comedic actor Red Skelton during his lifetime.

RECORDAL OF DOCUMENTS WITH THE U.S. OFFICE OF COPYRIGHTS

Any of the exclusive rights of the copyright owner may be sold or transferred. However, the sale or transfer of such rights is not valid unless the transfer is made in writing and signed by the owner of the rights. A copyright may also be conveyed by operation of law and may be bequeathed by will or may pass at the death of the copyright owner as personal property.

Changes in ownership (including name and address changes) should always be recorded in order to preserve the owner's security and title to the work in cases of infringement and to enable the owner to take full advantage of licensing opportunities.

Licenses and security interests in copyrighted material should also be recorded to maintain clear title and preserve the rights of all interested parties.

While recording is not always mandatory, it is necessary before any lawsuit for infirngement is filed in court by any party not listed on the original Copyright certificate.

The Copyright Act has several other advantages for those who record, including:

-establishing priorities between conflicting transfers and nonexclusive licenses;

- establishing a publioc record of the contents of the transfer or document; and

-providing "constructive notice" that the public has, or could have had actual knowledge of the facts contained in a properly recorded document.

Our attorneys can assist with the recording of changes to the information listed on Original Registration Certificate, (e.g., Assignments or Transfer of Ownership; Security Interest; License; Will; Change of Name of Owner; Termination of Transfer; Shareware; Life Identity, Death Statement; Transfer of Mask Works; etc.) and any other documents pertaining to a Copyright may also be recorded.

Our fees regularly include the filing and recordal of a document of any length containing one title. Any number of additional titles may be recorded with the Copyright office. When completed, the submitted documents are returned with a certificate of recordation bearing the Copyright Office seal.

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