Page:United States Statutes at Large Volume 90 Part 2.djvu/1106

 90 STAT. 2574

PUBLIC LAW 94-553—OCT. 19, 1976 copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work, the author of such work, if still living, or the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then the author's executors, or in the absence of a will, his or h e r next of kin shall be entitled to a renewal and extension of the copyright in such work for a further term of forty-seven years when application for such renewal and extension shall have been made to the Copyright Office and duly registered therein within one year prior to the expiration of the original term of c o p y r i g h t: And provided further, That in default of the registration of such application for renewal and extension, the copyright in any work shall terminate at the expiration of twenty-eight years from the date copyright was originally secured. (b)

COPYRIGHTS IN

THE I R R E N E W A L T E R M OR REGISTERED FOR

RENEWAL BEFORE JANUARY 1, 1978.—The d u r a t i o n of any copyright,

the renewal term of which is subsisting at any time between December 31, 1976, and December 31, 1977, inclusive, or for which renewal registration is made between December 31, 1976, and December 31, 1977, inclusive, is extended to endure for a term of seventy-five years from the date copyright was originally secured.

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(c) TERMINATION OF TRANSFERS AND LICENSES COVERING EXTENDED

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RENEWAL T E R M. — I n the case of any copyright subsisting in either its first or renewal term on January 1, 1978, other than a copyright in a work made for hire, the exclusive or nonexclusive g r a n t of a transfer or license of the renewal copyright or any right under it, executed before January 1, 1978, by any of the persons designated by the second proviso of subsection (a) of this section, otherwise than by will, is subject to termination under the following conditions: (1) I n the case of a g r a n t executed by a person or persons other than the author, termination of the g r a n t may be effected by the surviving person or persons who executed it. I n the case of a g r a n t executed by one or more of the authors of the work, termination of the g r a n t may be effected, to the extent of a particular author's share in the ownership of the renewal copyright, by the author who executed it or, if such author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author's termination interest. (2) Where an author is dead, his or her termination interest is owned, and may be exercised, by his widow or h e r widower and his or her children or grandchildren as follows: (A) the widow or widower owns the author's entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author's interest; (B) the author's surviving children, and the surviving children of any dead child of the author, own the author's entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author's interest is divided among the m; (C) the rights of the author's children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author's children represented; the share of the children of a dead child in . a termination interest can be exercised only by the action of a majority of them.

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