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Poster:
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Moongleam |
Date:
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August 20, 2012 02:24:33pm |
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Forum:
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feature_films
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Subject:
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Re: The Money Trap (1965) |
No renewal is needed for films released in 1964 or later.
Video-Cellar:
These are the only requirements for copyright protection of a US work
in the USA I know. My sources, as always, are years of studying
copyright legislation, copyright office documents, scholarly legal
articles and working with PD material. These are the requirements I
use to judge whether a US film is PD.
Before 1950:
Correct Notice
Timely registration (within 3 months of publication)
Timely renewal (within the 27th-28th anniversary year window*)
copyright could be forfeited if published without correct notice or
not timely registered and renewed
1950 (this is the transitional year for the effects of the 1976 act to come in):
Correct Notice
Timely registration (within 3 months of publication)
OR Late Term Registration (at any time during the 28 year term)
Timely renewal (within the 27th-28th anniversary year window* or the
28th calandar year window*)
copyright could be forfeited if published without correct notice or
not timely renewed
1950-1963
Correct Notice
Registration (at any time during the first 28 year term)
Timely renewal (within the 28th calandar year window*)
copyright could be forfeited if published without correct notice or
not timely renewed
1964-1977
Correct Notice
copyright could be forfeited if published without correct notice.
Registration is only required for evidentiary purposes in pursuing
damages actions against infringers
1978-1989
Notice
copyright could be forfeited if published without notice provided
steps were not taken to rectify the ommission within 5 years from
publication (this could include including notices in later editions or
registration.). If a notice was included registration is only required
for evidentiary purposes in pursuing damages actions against
infringers
1989-present:
Work is created and or published
work is covered by copyright unless dedicated to the public domain or
released through an alternative licence.
*based on the year-in-notice.
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Poster:
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billymays55 |
Date:
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August 20, 2012 03:37:29pm |
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Forum:
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feature_films
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Subject:
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Re: The Money Trap (1965) |
@ Moongleam
Yes no renewal is needed but they DID renew it...in the wrong year.
Read the rules you just copy and pasted for 1964-1977.
"Copyright could be forfeited if published without correct notice."
The notice is NOT correct. The notice is 1966 but the movie was registered in 1965.
Get back to work Moongleam...
This post was modified by billymays55 on 2012-08-20 22:37:29
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Poster:
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 Video-Cellar |
Date:
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August 20, 2012 03:38:17pm |
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Forum:
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feature_films
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Subject:
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Re: The Money Trap (1965) |
Under the law the notice is only invalid if it is "More than one year" after publication. If the notice was 1967 or later it would be invalid, but 1966 is acceptable.
§ 406 . Notice of copyright: Error in name or date on certain copies and phonorecords
(b) Error in Date. — When the year date in the notice on copies or phonorecords distributed before the effective date of the Berne Convention Implementation Act of 1988 by authority of the copyright owner is earlier than the year in which publication first occurred, any period computed from the year of first publication under section 302 is to be computed from the year in the notice. Where the year date is more than one year later than the year in which publication first occurred, the work is considered to have been published without any notice and is governed by the provisions of section 405.
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