Copyright Duration and Ownership Victor H. Bouganim WCL, American University

Victor H. Bouganim, WCL, American University, Spring 2001 Ownership and Duration F Initial Ownership of Copyrights F Duration and Renewal F Division, Transfer, and Termination of Transfers

Victor H. Bouganim, WCL, American University, Spring 2001 Initial Ownership of Copyrights F works for hire F joint works F collective works

Victor H. Bouganim, WCL, American University, Spring 2001 Works for hire F “A work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a sound recording, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001 Community for Creative Non-Violence v. Reid Supreme Court (1989) F CCNV commissioned the sculptor, Reid, to create a sculpture. F The Court considered the term “employee” in light of the general common law of agency. F Test for determining whether a hired party is any employee for statutory purposes: the hiring party’s right to control the manner and means by which the product is accomplished (several factors to consider). F The Court found that Reid was not an employee.

Victor H. Bouganim, WCL, American University, Spring 2001 Joint works F “A work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” Section 101. F undivided ownership F independent exercise of exclusive rights F contemporaneous collaboration or other evidence of intent required F contribution of each author must be copyrightable

Victor H. Bouganim, WCL, American University, Spring 2001 Collective works F “A work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.” Section 101 F “Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution.” Section 201(c)

Victor H. Bouganim, WCL, American University, Spring 2001 Duration & Renewal F 1909 Act –dual term protection –1st term: 28 years from date of first publication (with proper notice) –2nd term: 28 years if renewed in final year of 1st term –failure to renew: work in public domain F 1976 Act –unitary term protection –life of the author plus 50 years (no notice required) –other works: 75 years from publication or 100 from creation –work must be fixed –Sunny Bono Act

Victor H. Bouganim, WCL, American University, Spring 2001 Sonny Bono Copyright Term Extension Act of 1998 F Enacted October 27, F Amending Chapter 3, 17 USC. F Extends term of copyright protection by another 20 years - to life of author plus 70 years. F see Table 4-1 (Textbook, p.426) for duration of copyright details.

Victor H. Bouganim, WCL, American University, Spring 2001 Division & Transfer of Copyright Interests F 1909 Act –precludes the formal divisibility of rights –could assign entire copyright –transfer of a lesser interest was considered a license –only proprietor had standing to sue F 1976 Act –eliminates restrictions on divisibility of rights –copyright may be transferred and owned in whole or in part –rights can be owned separately and fully protected by owner

Victor H. Bouganim, WCL, American University, Spring 2001 Termination of transfers F Under the 1909 Act, authors could reclaim copyright interests that they had licensed at the time of renewal. F The 1976 Act retains the power for authors and their survivors to reclaim copyright interests at a later time by granting an inalienable power to terminate transfers of copyright between the 35th and 40th year from the execution of grant for works created after F With respect to works in their second renewal term prior to 1978, the 1976 Act allows authors and their families to terminate transfers between the 56th and 61st year of protection for such works.