Copyright Compendium

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2115.2 (F) Ad Interim Copyright Information

 

2115.2 (F) Ad Interim Copyright Information

 

A renewal claim based on an ad interim registration record must provide information about the registration for the subsequent U.S. edition. Otherwise, renewal registration generally will be refused.

 

Exceptions:

 

• If ad interim copyright was subsisting when the country of the author’s nationality joined the U.C.C., the work did not have to be manufactured and published in the United States to secure the full original term of copyright 9 Copyright Act of 1909, amended by Pub. L. No. 83-743, § 9 (C), 68 Stat. 1030, 1031 (1954).

 

• Likewise, when ad interim copyright subsisted, or was capable of being secured on December 31, 1977 (i.e., works first published between July 1 and December 31, 1977, inclusive) copyright was extended to the full original term of copyright under the transitional provisions of the Copyright Act of 1976.10

 

• Finally, even when the two exceptions listed above do not apply, renewal registration may still be possible if the work was manufactured and published in the United States while ad interim copyright subsisted, but no registration was made for the U.S. edition. In this last situation a renewal registration for the U.S. edition must be made before a renewal registration can be made for the foreign edition that secured ad interim copyright. This requirement ensures that the full original term of copyright was secured through compliance with the manufacturing clause.

 

When a renewal claim is based on the original registration record for the U.S. edition of a work that was subject to the manufacturing clause and secured ad interim copyright for the foreign edition, the certificate of renewal registration and renewal registration 9 “For this purpose, ad interim copyright was subsisting … if a claim to ad interim copyright had actually been registered on or before the effective date. It was not subsisting if the work was published more than six months before the effective date or was published within six months before the effective date but without the U.C.C. notice. Where a work was published within six months before the effective date and bore a U.C.C. notice, the case will be treated as though an ad interim copyright was subsisting in the work on the effective date … .” COMPENDIUM (FIRST) § 8.4.6.III.b. 10 Pub. L. No. 94-553, app. A, tit. I, § 107, 90 Stat. 2541 (1976) (Transitional and Supplementary Provisions of the Copyright Act of 1976). record must refer to the ad interim registration because the term of copyright is determined by the date of first publication abroad, and the renewal registration in the U.S. edition must be limited to the revisions or additions in the U.S. edition, unless both editions were identical. In such cases, the U.S. Copyright Office will add an annotation to the certificate of renewal registration and a note in the renewal registration record regarding the ad interim registration record.

 

NOTE: A renewal claim in the U.S. edition of a work subject to the manufacturing clause for which ad interim copyright was not secured, or in a U.S. edition that was manufactured and published after ad interim copyright expired must be limited to revisions or additions in the U.S. edition. If the editions are identical, renewal registration for the U.S. edition is not possible. For more information about registration requirements for works subject to the manufacturing clause, see Section 2124.