Laws: Cases and Codes : U.S. Code : Title 17 : Section 304
|
U.S. Code as of:
01/19/04
Section 304 - Notes
SOURCE
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2573;
Pub. L. 102-307, title I, Sec. 102(a), (d), June 26, 1992, 106
Stat. 264, 266; Pub. L. 105-80, Sec. 12(a)(9), Nov. 13, 1997, 111
Stat. 1535; Pub. L. 105-298, title I, Secs. 102(d)(1), 103, Oct.
27, 1998, 112 Stat. 2827, 2829; Pub. L. 107-273, div. C, title III,
Sec. 13210(10), Nov. 2, 2002, 116 Stat. 1910.)
HISTORICAL AND REVISION NOTES
REFERENCES IN TEXT
The Sonny Bono Copyright Term Extension Act, referred to in
subsecs. (b) and (d), is title I of Pub. L. 105-298, Oct. 27, 1998,
112 Stat. 2827. The effective date of the Act is the date of
enactment of Pub. L. 105-298, which was approved Oct. 27, 1998. For
complete classification of this Act to the Code, see Short Title of
1998 Amendments note set out under section 101 of this title and
Tables.
AMENDMENTS
2002 - Subsec. (c)(2)(A) to (C). Pub. L. 107-273, in subpars. (A)
to (C), substituted "The" for "the" and, in subpars. (A) and (B),
substituted period for semicolon at end.
1998 - Subsec. (a)(1)(B), (C). Pub. L. 105-298, Sec.
102(d)(1)(A)(i), substituted "67" for "47" in concluding
provisions.
Subsec. (a)(2)(A), (B). Pub. L. 105-298, Sec. 102(d)(1)(A)(ii),
substituted "67" for "47" in introductory provisions.
Subsec. (a)(3)(A)(i), (B). Pub. L. 105-298, Sec.
102(d)(1)(A)(iii), substituted "67" for "47".
Subsec. (b). Pub. L. 105-298, Sec. 102(d)(1)(B), amended heading
and text of subsec. (b) generally. Prior to amendment, text read as
follows: "The duration of any copyright, the renewal term of which
is subsisting at any time between December 31, 1976, and December
31, 1977, inclusive, or for which renewal registration is made
between December 31, 1976, and December 31, 1977, inclusive, is
extended to endure for a term of seventy-five years from the date
copyright was originally secured."
Subsec. (c)(2). Pub. L. 105-298, Sec. 103(1), struck out "by his
widow or her widower and his or her children or grandchildren"
after "exercised," in introductory provisions.
Subsec. (c)(2)(D). Pub. L. 105-298, Sec. 103(2), added subpar.
(D).
Subsec. (c)(4)(A). Pub. L. 105-298, Sec. 102(d)(1)(C), inserted
"or, in the case of a termination under subsection (d), within the
five-year period specified by subsection (d)(2)," before "and the
notice".
Subsec. (d). Pub. L. 105-298, Sec. 102(d)(1)(D), added subsec.
(d).
1997 - Subsec. (c). Pub. L. 105-80 substituted "subsection
(a)(1)(C)" for "the subsection (a)(1)(C)" in introductory
provisions.
1992 - Subsec. (a). Pub. L. 102-307, Sec. 102(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
"Copyrights in Their First Term on January 1, 1978. - Any
copyright, the first term of which is subsisting on January 1,
1978, shall endure for twenty-eight years from the date it was
originally secured: Provided, That in the case of any posthumous
work or of any periodical, cyclopedic, or other composite work upon
which the copyright was originally secured by the proprietor
thereof, or of any work copyrighted by a corporate body (otherwise
than as assignee or licensee of the individual author) or by an
employer for whom such work is made for hire, the proprietor of
such copyright shall be entitled to a renewal and extension of the
copyright in such work for the further term of forty-seven years
when application for such renewal and extension shall have been
made to the Copyright Office and duly registered therein within one
year prior to the expiration of the original term of copyright: And
provided further, That in the case of any other copyrighted work,
including a contribution by an individual author to a periodical or
to a cyclopedic or other composite work, the author of such work,
if still living, or the widow, widower, or children of the author,
if the author be not living, or if such author, widow, widower, or
children be not living, then the author's executors, or in the
absence of a will, his or her next of kin shall be entitled to a
renewal and extension of the copyright in such work for a further
term of forty-seven years when application for such renewal and
extension shall have been made to the Copyright Office and duly
registered therein within one year prior to the expiration of the
original term of copyright: And provided further, That in default
of the registration of such application for renewal and extension,
the copyright in any work shall terminate at the expiration of
twenty-eight years from the date copyright was originally secured."
Subsec. (c). Pub. L. 102-307, Sec. 102(d), substituted
"subsection (a)(1)(C)" for "second proviso of subsection (a)" in
introductory provisions.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 305, 408, 409, 708 of
this title.
|
Ads by FindLaw