Page:Copyright Office Compendium 3rd Edition - Full.djvu/1017

, Third Edition determine when the renewal copyright vested, the Office will refuse renewal registration.

2115.5(B) Determining the Party in Whom the Renewal Copyright Vested

By law, certain parties are entitled to claim the renewal copyright. Generally, the U.S. Copyright Office will not question the identity of the vested owner or the statutory basis of a renewal claim when this information is consistent with the author facts in the original registration record or in the deposit copy, or with other facts provided at the time of renewal registration. When the vested owner is not identified, the statutory basis is not given, or this information is unclear, the Office will request written verification from the applicant to clarify the party in whom the renewal copyright vested and the statutory basis. When the statutory basis is inconsistent with the author facts in the original registration or the deposit copy, see Section 2134. If the identity of the vested owner or the statutory basis of the renewal claim is in dispute, see Section 2137.

NOTE: The renewal copyright cannot vest in a deceased person or defunct organization. To be named as a vested owner, a person must have been alive, or an organization must have been in existence, on the date the renewal copyright vested.

2115.5(C) Parties Entitled to Claim the Renewal Copyright

Generally, this right flows from the individual author; however, for proprietary works, the right flows from the original copyright claimant.

2115.5(C)(1) Personal Works

Generally, the individual author is entitled to claim the renewal copyright if the author is still alive on the last day of the original term or, if a timely renewal registration was made, on the effective date of the renewal registration. Otherwise, the following parties are entitled in this order:

• If there is a widow or widower or surviving child or children of the deceased author, the widow or widower and any surviving child or children may claim.

• If there is no widow or widower or surviving child, but the author left a will, then the executor named in the author's will may claim on behalf of the legatees.

NOTE: If an author survived into the renewal term but died without a widow or widower or surviving child, and the author's will failed to name an executor, or the executor died, or the executor was no longer acting in that capacity on the last day of the original term, the administrator (administrator c.t.a. or administrator d.b.n.cta.) may be named as the vested owner on behalf of the legatees. In no case is the administrator of an intestate author's estate entitled to claim the renewal copyright.

• If there is no widow or widower or surviving child and the author died intestate, the person recognized by state law as the next of kin of the deceased author may claim.

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