Copyright Compendium

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Chapter 2400

2144 Copyright Terms for Restored Copyrights

 

2144 Copyright Terms for Restored Copyrights

 

Under Section 104A of the Copyright Act of 1976, restored works enjoy the remainder of the term that would have been granted in the United States had the copyrights not been lost. 17 U.S.C. §104A (A) (1) (B). Therefore, a work that initially secured copyright under the Copyright Act of 1909 by first publication with notice, or by registration as an unpublished work, but lost copyright at some point and then regained it under the URAA, enjoys the same term it would have been granted in the United States if copyright had remained uninterrupted. Likewise, a work that failed to secure copyright in the United States at the time of first publication enjoys the same term of copyright it would have been granted in the United States if statutory copyright had been secured upon publication.

 

NOTE: Some works of foreign origin first published abroad may have secured statutory copyright in the United States even when publication occurred without the statutory or U.C.C. notice. See Section 2115.2 (F). If statutory copyright was secured in the United States and remained uninterrupted into the renewal term, registration under the URAA is not appropriate.