|
U.S. Code as of:
01/19/04
Section 302. Duration of copyright: Works created on or after January 1, 1978
(a) In General. - Copyright in a work created on or after January
1, 1978, subsists from its creation and, except as provided by the
following subsections, endures for a term consisting of the life of
the author and 70 years after the author's death.
(b) Joint Works. - In the case of a joint work prepared by two or
more authors who did not work for hire, the copyright endures for a
term consisting of the life of the last surviving author and 70
years after such last surviving author's death.
(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire.
- In the case of an anonymous work, a pseudonymous work, or a work
made for hire, the copyright endures for a term of 95 years from
the year of its first publication, or a term of 120 years from the
year of its creation, whichever expires first. If, before the end
of such term, the identity of one or more of the authors of an
anonymous or pseudonymous work is revealed in the records of a
registration made for that work under subsections (a) or (d) of
section 408, or in the records provided by this subsection, the
copyright in the work endures for the term specified by subsection
(a) or (b), based on the life of the author or authors whose
identity has been revealed. Any person having an interest in the
copyright in an anonymous or pseudonymous work may at any time
record, in records to be maintained by the Copyright Office for
that purpose, a statement identifying one or more authors of the
work; the statement shall also identify the person filing it, the
nature of that person's interest, the source of the information
recorded, and the particular work affected, and shall comply in
form and content with requirements that the Register of Copyrights
shall prescribe by regulation.
(d) Records Relating to Death of Authors. - Any person having an
interest in a copyright may at any time record in the Copyright
Office a statement of the date of death of the author of the
copyrighted work, or a statement that the author is still living on
a particular date. The statement shall identify the person filing
it, the nature of that person's interest, and the source of the
information recorded, and shall comply in form and content with
requirements that the Register of Copyrights shall prescribe by
regulation. The Register shall maintain current records of
information relating to the death of authors of copyrighted works,
based on such recorded statements and, to the extent the Register
considers practicable, on data contained in any of the records of
the Copyright Office or in other reference sources.
(e) Presumption as to Author's Death. - After a period of 95
years from the year of first publication of a work, or a period of
120 years from the year of its creation, whichever expires first,
any person who obtains from the Copyright Office a certified report
that the records provided by subsection (d) disclose nothing to
indicate that the author of the work is living, or died less than
70 years before, is entitled to the benefits of a presumption that
the author has been dead for at least 70 years. Reliance in good
faith upon this presumption shall be a complete defense to any
action for infringement under this title.
|
|