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, Third Edition 2118.6

2118.7

2119

2119.1

2119.2

Literary Material Contained in a Published Phonorecord

Under the Copyright Act of 1909, the release of a sound recording on a phonorecord did not publish the recorded literary work. Therefore, a renewal claim in a published sound recording cannot extend to the recorded literary work.

Text and Illustrations Owned Separately for the Renewal Term

When the renewal copyrights in these elements vested in different parties, or on different dates, each element must be registered separately for the renewal term, even if both elements were registered together for the original term. 26

Periodicals / Serials

Under the Copyright Act of 1909, published periodical issues were registered for the original term under class B and, since 1978 in class TX or as serials in class SE. Periodicals are subject to the manufacturing clause with regard to the textual content, and the guidelines for "books" are applicable to renewal claims in periodicals that were not registered for the original term. For information concerning these guidelines, see Section 2124.

Title Information Should Include Volume / Number / Issue Date / ISSN (if any)

To properly identify the specific issue of the periodical that is the subject matter of the renewal registration, all indicia particular to that issue should be provided in the title information.

Identity of Author

When a renewal claim is based on an original class B registration record, the name of the author is not required, because the original registration record did not identify the author. If the periodical issue was not registered for the original term, the renewal registration must identify the proprietary or individual author. If the author is not the original copyright claimant, the U.S. Copyright Office will generally request information that supports the author facts.

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26 This registration requirement represents a change from the practice applied to timely renewal registrations when the Office accepted both claims to the renewal copyrights on a single Form RE.

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