Legal Question in Intellectual Property in New Jersey
copyright renewal
My father was a writer and had some stories published in magazines in the 1930's. They paid him for for publication of his stories, not a work for hire. They were copyrighted as propriter of a composite work (PCW) by the magazine, and were renewed within the 28 year renewal period - 1950's (PCW). The rights were his after first publication. Would the works still be protected? I have the renewal number. He has since died - 1970's.
1 Answer from Attorneys
Re: copyright renewal
� 303. Duration of copyright: Works created but not published or copyrighted before January 1, 19785
(a) 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. 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, 2047.
(b) The distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of the musical work embodied therein.
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