1300-17
1314
Renewal claimants: widows, widowers, and children. (cont'd)
1314.02
Definition of widow or widower. The author's widow or widower is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried. 17 U.S.C. 101.
1)
A widow (widower) does not lose his (or her) renewal rights upon remarriage.
2)
A common-law spouse may also be regarded as the "widow" or "widower" for renewal purposes, if the author is deceased.
3)
A divorced spouse is not an acceptable renewal claimant as widow or widower. However, the Copyright Office will not inquire into the validity of a marriage or a divorce.
4)
The terms "wife of the author," "wife of the deceased author," "husband of the author," or "husband of the deceased author" are not acceptable bases of claim. The basis of claim must be stated as either "widow" or "widower" of the author.
5)
The Copyright Office will request a new application correcting the basis of claim if a widow or widower is claiming renewal as the author's "next of kin" or "executor."
1314.03
Definition of children. A person's "children" are that person's immediate offspring, whether legitimate or not, and any children legally adopted by that person. 17 U.S.C. 101.
1)
Legally adopted children are acceptable renewal claimants.
2)
The Copyright Office will register a renewal claim in the name of an illegitimate child, whether paternity has been acknowledged or not.
3)
Stepchildren, as such, are not entitled to claim renewal.
[1984]
