Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/5

No.&#160;10-5363 1. The Renewal Copyright

Under the Copyright Act, an artistic work has an original copyright term of twenty-eight years followed by a renewal term of an additional sixty-seven years. 17 U.S.C. §§ 304(a)(1)(A), (a)(2)(B). A renewal copyright can be registered with the U.S. Copyright Office at any point in the final year of the original term (the “renewal year”), id. § 304(a)(3)(A)(i), or at any time within the renewal term itself, id. § 304(a)(3)(A)(ii); without registration, the copyright renews automatically at the start of the renewal term, id. § 304(a)(3)(B).

The Copyright Act provides that, if an application to register the renewal copyright is filed within the renewal year, the renewal copyright “shall vest, upon the beginning of such further term, in any person who is entitled under paragraph (1)(C) to the renewal and extension of the copyright at the time the application is made.” Id. § 304(a)(2)(B)(i). If no application is filed, the renewal copyright “shall vest, upon the beginning of such further term, in any person entitled under paragraph (1)(C), as of the last day of the original term of copyright, to the renewal and extension of the copyright.” Id. § 304(a)(2)(B)(ii).

Paragraph (1)(C) establishes a hierarchy of who is entitled to the renewal copyright&#58;
 * (i) the author of such work, if the author is still living,


 * (ii) the widow, widower, or children of the author, if the author is not living,