Legal Question in Intellectual Property in Illinois

Do I need to Re-register Copyright?

I complied poems written by my mother into a book. I registered it with the copyright office with me as owner of the copyright (with her approval of course). I want to change the format of the book (different size, fewer poems & add a few stories). 90% of the book will still be her poems. It was titled with poems by her & inside listed me as complier.

Do I need to re-register this new book even though for the most part it's the same, just somewhat revised?

My mother is now deceased will this cause any problems if I do need to re-register? I have one sibling.

Thank you


Asked on 12/28/07, 2:37 pm

3 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: Do I need to Re-register Copyright?

Yes you need to re-register.

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 12/29/07, 5:37 pm
Donald R. Simon The EIP group

Re: Do I need to Re-register Copyright?

It seems like you are making some material changes to the work. It probably wouldn't hurt to re-gister the copyright noting on Line 5c of Form TX that the new work is a changed version of the previous registration and on Line 6 detail the changes from the previous work.

Good luck...

DS

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Answered on 12/28/07, 2:45 pm
Donald R. Simon The EIP group

Re: Do I need to Re-register Copyright?

One more issue: was her approval in writing? Under copyright law, in order for her to assign over her copyright interest in the poems, she must have done so in writing. Did that occur? If not, then technically, you both were joint owners in spite of what the registration said. If that's the case, and unless her ownership was handled in a will, then your sibling might have an ownership interest to your mother's portion of the work.

Remember that intellectual property can bequeathed just like other forms of property... DS

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Answered on 12/28/07, 2:50 pm


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