Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
In the renewal of copyright, the new American code follows the previous
law in differentiating the persons entitled to renew the copyright. It
provides (sec. 23) that in the case of a posthumous composite or
corporate work originally copyrighted by the proprietor thereof or a
work made for hire, the proprietor of such copyright shall be entitled
to a renewal; but in other cases, including a separately registered
contribution by an individual to a composite work, the author or the
widow, widower or children, or, if such be not living, the author's
executors or next of kin shall be entitled to a renewal. This means that
there can be no renewal by an assignee proprietor, and that in the
absence of natural heirs of a personal author, no person is entitled to
a renewal of his copyright. The new law has been specifically construed
to this effect by the Attorney-General in his opinion of February 3,
1910. It should be noted that the word "administrators," included in the
provision as to original application (sec. 8), is omitted from the
provision as to renewal (sec. 23) including renewal of existing
copyrights (sec. 24), indicating that while an author may make bequest
of copyright for the renewal term, which right may then be claimed by
his executor, the right to renew lapses when he makes no will and has no
next of kin to inherit the right of renewal.
{Sidenote: Assignments}
Specific provision as to the method and record of the transfer of
copyrights by assignments are contained in the following provisions of
the code of 1909:
"(Sec. 42.) That copyright secured under this or previous Acts of the
United States may be assigned, granted, or mortgaged by an instrument in
writing signed by the proprietor of the copyright, or may be bequeathed
by will.
"(Sec. 43.) That every assignment of copyright executed in a foreign
country shall be acknowledged by the assignor before a consular officer
or secretary of legation of the United States authorized by law to
administer oaths or perform notarial acts. The certificate of such
acknowledgment under the hand and official seal of such consular officer
or secretary of legation shall be _prima facie_ evidence of the
execution of the instrument.
{Sidenote: Assignment record}
"(Sec. 44.) That every assignment of copyright shall be recorded in the
copyright office within three calendar months after its execution in the
United States or within six calendar months after its execution without
the limits of the United States, in default of which it shall be void as
against any subsequent purchaser or mortgagee for a valuable
consideration, without notice, whose assignment has been duly recorded.
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