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2115.5 (C) (1) Personal Works

 

2115.5 (C) (1) Personal Works

 

An individual author is entitled to claim the renewal copyright if the author is still alive on the last day of the original term or, if a timely renewal registration was made, on the effective date of the renewal registration. Otherwise, the following parties are entitled in this order:

 

• If there is a widow or widower or surviving child or children of the deceased author, the widow or widower and any surviving child or children may claim.

 

• If there is no widow or widower or surviving child, but the author left a will, then the executor named in the author’s will may claim on behalf of the legatees.

 

NOTE: If an author died during the original term without a widow or widower or surviving child, and the author’s will failed to name an executor, or the executor died, or the executor was no longer acting in that capacity on the last day of the original term, the administrator (administrator c.t.a. or administrator d.b.n.c.t.a.) may be named as the vested owner on behalf of the legatees. In no case is the administrator of an intestate author’s estate entitled to claim the renewal copyright.

 

• If there is no widow or widower or surviving child and the author died intestate, the person recognized by state law as the next of kin of the deceased author may claim.

 

Exception: Next of kin are not entitled to claim the renewal copyright when an author left a will without naming an executor and an administrator c.t.a. or administrator d.b.n.c.t.a. was acting in this capacity on the last day of the original term (or on the effective date of a timely renewal registration). See Gibran v.

National Committee of Gibran, 255 F.2d 121, 122 (2d Cir. 1958).