Scenario:
An 80 year old man sells the copyright in his just-completed novel to his 20 year old granddaughter, hoping thereby to lengthen the duration of the copyright from his lifetime plus 70 years to his granddaughter's lifetime plus 70 years. Will his plan work?
Welcome to yet another analysis of what I consider an intriguing case! Will his plan really work? Well, keep reading to find out! Happy reading!
As outlined in the case, the length of copyright is the life of the author plus 70 years after death. Indeed, the copyright can be sold or transferred to another party. However, this does not come with an automatic extension or renewal of the copyright duration and here’s why. It can be argued that even if he sells his copyright, he is still considered to be the author of the work while his granddaughter will become the copyright holder or owner. The distinction between authorship and ownership plays a crucial role in this case. The U.S. Copyright Office (2021) noted that the creator of any work is considered to be the author while Keller (2015) pointed out that “the person or entity who has the legal rights to publish, modify, and republish the work is referred to as the owner”. Taking the difference between authorship and ownership into account, then it can be inferred that the copyright duration will remain the same even if it has been sold. Precisely, as outlined in the copyright act of 1978, the law accounts for the author’s life and not the copyright holder or owner.
Indeed, the author can also be the copyright owner or holder. However, once the copyright has been sold or transferred, then he remains the author while the other party becomes the copyright owner. Secondly, the U.S. Copyright Office (2021) noted that copyright renewal and extensions are not granted to works created on or after the year, 1978. As such, if his work which in this case is a novel was created on or after that date, then the duration of copyright remains the same regardless of transferal or change in ownership. If, however, his work was created before 1978, the current copyright holder (I.e., his granddaughter) can apply for renewal or extension but the time length will be less than life of the author and the additional 70 years (See Renewal of Copyright, and Circular 15a for more). Essentially, a change in copyright ownership will not lengthen the duration to the current holder’s lifetime plus 70 years. So, it is safe to conclude that his plan will not work.
I rest my case and look forward to your comments on this riveting scenario!
Krista
MDE student
University of Maryland Global Campus
University of Maryland Global Campus | UMGC
References
Keller, K. (2015). Owner or author – What’s the difference?Kelleykeller.com. Owner or Author – What’s the Difference? - Kelley Keller
U. S. Copyright Office. (2021). Circulars. Copyright.gov. https://www.copyright.gov/circs