1300-22
1316
Renewal claimants: next of kin. (cont'd)
1316.02
Will but no executor. (cont'd)
c)
(cont'd)
basis of Gibran v. National Committee of Gibran, 255 F.2d 121, 31 C.O.Bull. 249 (2d Cir. 1958): cert. denied, 358 U.S. 828 (1958).
1317
Renewal claimants: proprietors. The copyright act provides that the proprietor of the copyright may claim renewal in certain specified cases.
1317.01
Definition. The term "proprietor" refers to the owner of the copyright on the effective date of the renewal registration.
1317.02
Derivation of title. In order to claim renewal as "proprietor," the claimant must derive his or her title directly or indirectly from the original copyright owner.
1317.03
Posthumous works. If a work is "posthumous" within the meaning of the copyright law, the proprietor is the proper renewal claimant. Generally, the author's widow, widower, children, executor, or next of kin have no right to claim renewal in a "posthumous work."
1317.03(a)
Definition. A work is not considered "posthumous" if it is published during the author's lifetime: but a work is commonly considered "posthumous" if it is first published after the author's death. However, for purposes of section 304(a) of the copyright law, the term "posthumous work" means any work as to which no copyright assignment or other contract for exploitation of the work has occurred during the author's lifetime and which is unpublished at the time of the author's death. See Bartok v. Boose & Hawkes, Inc., 523 F.2d 941, 40 C.O.Bull. 69 2d C1r. 1975), and H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. 139 (1976): see also 37 C.F.R. 202.17(b). Thus, under section 304(a) a work is not "posthumous" if it was merely first published after the author's death.
[1984]
