/* BBS LEGAL GUIDE: Chapter 3 of the Copyright Code follows.*/

S 301. Preemption with respect to other laws

(a) On or after January 1, 1978, all legal or equitable rights

that are equivalent to any of the exclusive rights within the

general scope of copyright as specified by section 106 [17 U.S.C

106] in works of authorship that are fixed in a tangible medium

of expression and come within the subject matter of copyright as

specified by sections 102 and 103 [17 U.S.C. 102 and 103],

whether created before or after that data and whether published

or unpublished, are governed exclusively by this title.

Thereafter, no person is entitled to any such right or equivalent

right in any such work under the common law or statutes of any

State.

(b) Nothing in this title annuls or limits any rights or

remedies under the common law or statutes of any State with

respect to--

(1) subject matter that does not come within the subject matter

of copyright as specified by sections 102 and 1034 [17 U.S.C.

102 and 103] including works of authorship not expressed in any

tangible means of expression; or

(2) any cause of action arising from undertakings commenced

before January 1, 1978;

(3) activities violating legal or equitable rights that are not

equivalent to any of the exclusive rights within the general

scope of copyright as specified by section 106 [17 U.S.C. 106];

or

(4) State and local landmarks, historic preservation, zoning, or

building codes, relating to architectural works protected under

section 102(a)(8).

(c) With respect to sound recordings fixed before February 15,

1972, any rights or remedies under the common law or statutes of

any State shall not be annulled or limited by this title [17 U.S.

C. 101 et seq] until February 15, 2047. The preemptive

provisions of subsection (a) shall not apply to any such rights

and remedies pertaining to any cause of action arising from

undertakings commenced on and after February 15, 2047.

Notwithstanding the provisions of section 303 [17 U.S.C. 303],

no sound recording fixed before February 15, 1982, shall be

subject to copyright under this title [17 U.S.C. 101 et seq.]

before, on, or after February 15, 2047.

(d) Nothing in this title [17 USC SS 101 et seq.] annuls or

limits any rights or remedies under any other Federal statute.

(e) The scope of Federal preemption under this section is not

affected by adherence of the United States to the Berne

Convention or the satisfaction of the obligations of the United

States thereunder.

(f)(1) On or after the effective date set forth in section 610(a)

of the Visual Artists Rights Act of 1990, all legal or equitable

rights that are equivalent to any of the right conferred by

section 106A apply are governed exclusively by section 106A and

section 113(d) and the provisions of this title relating to such

sections. Thereafter no person is entitled to an such right or

equivalent right in any work of visual art under the common law

or statutes of any State.

(2) Nothing inparagraph (1) annuls or limits any rights or

remedies under the common law or statuesof any State with respect

to--

(A) any cause of action from undertakings commenced before

the effective date set fforth in section 610(a) of the Visual

Artists Rights Act of 1990;

(B) activities violating legal or equitable rights that are

not equivalnet to any of the rights conferred by section 106A

with respectto works of visual art; or

(C) activities violatting legalor equitable rights which

extend beyond the life of the author.

S 302. Duration of copyright: Works created on or after January

1, 1978

(a) In general. Copyright in a work created on or after January

1, 1978, subsists from its creation and, except as provided by

the following subsections, endures for a term consisting of the

life of the author and fifty years after the author's death.

(b) Joint works.In the case of a joint work prepared by two or

more authors who did not work for hire, the copyright endures for

a term consisting of the life of the last surviving author and

fifty years after such last surviving author's death.

(c) Anonymous works, pseudonymous works, and works made for hire.

In the case of an anonymous work, a pseudonymous work, or a work

made for hire, the copyright endures for a term of seventy-five

years from the year of its first publication, or a term of one

hundred years from the year of its creation, whichever expires

first. If, before the end of such term, the identity of one or

more of the authors of an anonymous or pseudonymous work is

revealed in the records of a registration made for that work

under subsections (a) or (d) of section 408 [17 USC S 408], or in

the records provided by this subsection, the copyright in the

work endures for the term specified by subsection (a) or (b),

based on the life of the author or authors whose identity has

been revealed. Any person having an interest in the copyright in

an anonymous or pseudonymous work may at any time record, in

records to be maintained by the Copyright Office for that

purpose, a statement identifying one or more authors of the work;

the statement shall also identify the person filing it, the

nature of that person's interest, the source of the information

recorded, and the particular work affected, and shall comply in

form and content with requirements that the Register of

Copyrights shall prescribe by regulation.

(d) Records relating to death of authors. Any person having an

interest in a copyright may at any time record in the Copyright

Office a statement of the date of death of the author of the

copyrighted work, or a statement that the author is still living

on a particular date. The statement shall identify the person

filing it, the nature of that person's interest, and the source

of the information recorded, and shall comply in form and content

with requirements that the Register of Copyrights shall prescribe

by regulation. The Register shall maintain current records of

information relating to the death of authors of copyrighted

works, based on such recorded statements and, to the extent the

Register considers practicable, on data contained in any of the

records of the Copyright Office or in other reference sources.

(e) Presumption as to author's death. After a period of

seventy-five years from the year of first publication of a work,

or a period of one hundred years from the year of its creation,

whichever expires first, any person who obtains from the

Copyright Office a certified report that the records provided by

subsection (d) disclose nothing to indicate that the author of

the work is living, or died less than fifty years before, is

entitled to the benefit of a presumption that the author has been

dead for at least fifty years. Reliance in good faith upon this

presumption shall be a complete defense to any action for

infringement under this title [17 USC SS 101 et seq.].

S 303. Duration of copyright: Works created but not published or

copyrighted before January 1, 1978

Copyright in a work created before January 1, 1978, but not

theretofore in the public domain or copyrighted, subsists from

January 1, 1978, and endures for the term provided by section 302

[17 USC S 302]. In no case, however, shall the term of copyright

in such a work expire before December 31, 2002; and, if the work

is published on or before December 31, 2002, the term of

copyright shall not expire before December 31, 2027.

S 304. Duration of copyright: Subsisting copyrights

(a) Copyrights in their first term on January 1, 1978. Any

copyright, the first term of which is subsisting on January 1,

1978, shall endure for twenty-eight years from the date it was

originally secured: Provided, That in the case of any posthumous

work or of any periodical, cyclopedic, or other composite work,

upon which the copyright was originally secured by the proprietor

thereof, or of any work copyrighted by a corporate body

(otherwise than as assignee or licensee of the individual author)

or by an employer for whom such work is made for hire, the

proprietor of such copyright shall be entitled to a renewal and

extension of the copyright in such work for the further term of

forty-seven years when application for such renewal and extension

shall have been made to the Copyright Office and duly registered

therein within one year prior to the expiration of the original

term of copyright: And provided further, That in the case of any

other copyrighted work, including a contribution by an individual

author to a periodical or to a cyclopedic or other composite

work, the author of such work, if still living, or the widow,

widower, or children of the author, if the author be not living,

or if such author, widow, widower, or children be not living,

then the author's executors, or in the absence of a will, his or

her next of kin shall be entitled to a renewal and extension of

the copyright in such work for a further term of forty-seven

years when application for such renewal and extension shall have

been made to the Copyright Office and duly registered therein

within one year prior to the expiration of the original term of

copyright: And provided further, That in default of the

registration of such application for renewal and extension, the

copyright in any work shall terminate at the expiration of twenty

eight years from the date copyright was originally secured.

(b) Copyrights in their renewal term or registered for renewal

before January 1, 1978. The duration of any copyright, the

renewal term of which is subsisting at any time between December

31, 1976, and December 31, 1977, inclusive, or for which renewal

registration is made between December 31, 1976, and December 31,

1977, inclusive, is extended to endure for a term of seventy-five

years from the date copyright was originally secured.

(c) Termination of transfers and licenses covering extended

renewal term. In the case of any copyright subsisting in either

its first or renewal term on January 1, 1978, other than a

copyright in a work made for hire, the exclusive or nonexclusive

grant of a transfer or license of the renewal copyright or any

right under it, executed before January 1, 1978, by any of the

persons designated by the second proviso of subsection (a) of

this section, otherwise than by will, is subject to termination

under the following conditions:

(1) In the case of a grant executed by a person or persons other

than the author, termination of the grant may be effected by the

surviving person or persons who executed it. In the case of a

grant executed by one or more of the authors of the work,

termination of the grant may be effected, to the extent of a

particular author's share in the ownership of the renewal

copyright, by the author who executed it or, if such author is

dead, by the person or persons who, under clause (2) of this

subsection, own and are entitled to exercise a total of more than

one-half of that author's termination interest.

(2) Where an author is dead, his or her termination interest is

owned, and may be exercised, by his widow or her widower and his

or her children or grandchildren as follows:

(A) the widow or widower owns the author's entire termination

interest unless there are any surviving children or grandchildren

of the author, in which case the widow or widower owns one-half

of the author's interest;

(B) the author's surviving children, and the surviving children

of any dead child of the author, own the author's entire

termination interest unless there is a widow or widower, in which

case the ownership of one- half of the author's interest is

divided among them;

(C) the rights of the author's children and grandchildren are in

all cases divided among them and exercised on a per stirpes basis

according to the number of such author's children represented;

the share of the children of a dead child in a termination

interest can be exercised only by the action of a majority of

them.

(3) Termination of the grant may be affected at any time during a

period of five years beginning at the end of fifty-six years from

the date copyright was originally secured, or beginning on

January 1, 1978, whichever is later.

(4) The termination shall be effected by serving an advance

notice in writing upon the grantee or the grantee's successor in

title. In the case of a grant executed by a person or persons

other than the author, the notice shall be signed by all of those

entitled to terminate the grant under clause (1) of this

subsection, or by their duly authorized agents. In the case of a

grant executed by one or more of the authors of the work, the

notice as to any one author's share shall be signed by that

author or his or her duly authorized agent of, if that author is

dead, by the number and propor- tion of the owners of his or her

termination interest required under clauses (1) and (2) of this

subsection, or by their duly authorized agents.

(A) The notice shall state the effective date of the termination,

which shall fall within the five-year period specified by clause

(3) of this subsection, and the notice shall be served not less

than two years or more than ten years before that date. A copy

of the notice shall be recorded in the Copyright Office before

the effective date of termination, as a condition to its taking

effect.

(B) The notice shall comply, in form, content, and manner of

service, with requirements that the Register of Copyrights shall

prescribe by regulation.

(5) Termination of the grant may be effected notwithstanding any

agreement to the contrary, including an agreement to make a will

or to make any future grant.

(6) In the case of a grant executed by a person or persons other

than the author, all rights under this title [17 USC SS 101 et

seq.] that were covered by the terminated grant revert, upon the

effective date of termination, to all of èthose entitled to

terminate the grant under clause (1) of this subsection. In the

case of a grant executed by one or more of the authors of the

work, all of a particular au- thor's rights under this title that

were covered by the terminated grant revert, upon the effective

date of termina- tion, to that author or, if that author is dead,

to the persons owning his or her termination interest under

clause (2) of this subsection, including those owners who did not

join in signing the notice of termination under clause (4) of

this subsection. In all cases the reversion of rights is subject

to the following limitations:

(A) A derivative work prepared under authority of the grant

before its termination may continue to be utilized under the

terms of the grant after its termination, but this privilege does

not extend to the preparation after the termination of other

derivative works based upon the copyrighted work covered by the

terminated grant.

(B) The future rights that will revert upon termination of the

grant become vested on the date the notice of termination has

been served as provided by clause (4) of this subsection.

(C) Where the author's rights revert to two or more persons under

clause (2) of this subsection, they shall vest in those persons

in the proportionate shares provided by that clause. In such a

case, and subject to the provisions of subclause (D) of this

clause, a further grant, or agreement to make a further grant, of

a particular author's share with respect to any right covered by

a terminated grant is valid only if it is signed by the same

number and proportion of the owners, in whom the right has vested

under this clause, as are required to terminate the grant under

clause (2) of this subsection. Such further grant or agreement

is effective with respect to all of the persons in whom the right

it covers has vested under this subclause, including those who

did not join in signing it. If any person dies after rights

under a terminated grant have vested in him or her, that person's

legal representatives, legatees, or heirs at law represent him or

her for purposes of this subclause.

(D) A further grant, or agreement to make a further grant, of any

right covered by a terminated grant is valid only if it is made

after the effective date of the termination. As an exception,

however, an agreement for such a further grant may be made

between the author or any of the persons provided by the first

sentence of clause (6) of this subsection, or between the persons

provided by subclause (C) of this clause, and the original

grantee or such grantee's successor in title, after the notice of

termination has been served as provided by clause (4) of this

subsection.

(E) Termination of a grant under this subsection affects only

those rights covered by the grant that arise under this title [17

USC SS 101 et seq.], and in no way affects rights arising under

any other Federal, State, or foreign laws.

(F) Unless and until termination is effected under this

subsection, the grant, if it does not provide otherwise,

continues in effect for the remainder of the extended renewal

term.

S 305. Duration of copyright: Terminal date

All terms of copyright provided by sections 302 through 304 [17

USC SS 302-304] run to the end of the calendar year in which they

would otherwise expire.