Page:Copyright Office Compendium 3rd Edition - Full.djvu/1064

, Third Edition the source country, if later), registration under the provisions of the URAA is possible for works governed by the Copyright Act of 1909 as long as the work remains under statutory protection in the United States.

PART VIII GLOSSARY OF TERMS

This Glossary provides brief explanations of certain terms that are relevant to renewal registration. Definitions that are taken directly from the Copyright Act of 1909, the Copyright Act of 1976, or the Office's regulations are enclosed in quotation marks. Definitions that are not enclosed in quotation marks are not legal definitions; they are intended to educate and inform legal practitioners and members of the public who file and process renewal claims.

NOTE: This Glossary only applies to Chapter 2100; it does not apply to any other chapter in the Compendium of Copyright Office Practices, Third Edition.

Abandonment. When a copyright owner seeks to abandon a copyright, the copyright owner must take concrete steps to manifest the intent to abandon the copyright and let the public know. Recording a document of intent to abandon a copyright with the U.S. Copyright Office is one such means of manifesting such intent. Such action may not have any legal effect as against a third party owner, such as an heir or other successor in interest or joint owner. When a copyright owner sought to abandon a copyright registration, recording a document was an appropriate means under 37 C.F.R. § 201.5(a) (1977) 34 of informing the Office and the public that a registration was made in error.

Absence of a will. For purposes of renewal registration, this occurs when an author dies intestate or leaves a will that names no executor, or no executor is alive or exists at the time of renewal registration.

34 "No correction or cancellation of a Copyright Office registration or other record will be made (other than a registration or record provisional upon receipt of fee as provided in 201.6) after it has been completed if the facts therein stated agree with those supplied the Office for the purpose of making such record. However, it shall be within the discretion of the Register of Copyrights to determine if any particular case justifies the placing of an annotation upon any record for the purpose of clarification, explanation, or indication that there exists elsewhere in the records, indexes or correspondence files of the Office, information which has reference to the facts as stated in such record." 37 C.F.R. § 201.5(a) (1977).

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12/22/2014 Chapter _00 : 74