[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR133.37]

[Page 651]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 133--TRADEMARKS, TRADE NAMES, AND COPYRIGHTS--Table of Contents
 
                  Subpart D--Recordation of Copyrights
 
Sec. 133.37  Renewal of copyright recordation.

    (a) Term of renewal. If a recorded copyright has a term which 
exceeds the original 20-year recordation, continued Customs protection 
may be obtained by renewing the recordation. The renewed recordation 
shall remain in effect for 20 years, unless the recordant's copyright 
ownership expires sooner, in which case it shall remain in effect until 
the ownership expires. There is no limit to the number of times 
recordation of a subsisting copyright may be renewed.
    (b) Application for renewal. An application to renew recordation 
shall be made no later than 3 months before the date the recordation 
then in effect expires. The application shall be in writing addressed to 
the Intellectual Property Rights Branch.
    (c) Materials to be submitted with application. An application to 
renew Customs recordation shall include:
    (1) Proof that the recordant's copyright ownership is valid. The 
proof required shall vary with the date that the work was first 
copyrighted as follows:
    (i) Works in which copyright subsists on or after January 1, 1978. 
An affidavit signed by the recordant attesting to the continued validity 
of the copyright, stating the date the copyright was registered with the 
U.S. Copyright Office, whether the author of the work is still alive 
and, if not, the date of his death, and any additional information that 
Customs may require of the recordant.
    (ii) Works under statutory copyright on December 31, 1977. If the 
copyright is still in its first term when recordation expires, a 
certificate of registration issued by the U.S. Copyright Office or, if 
the copyright has been renewed, a certificate of renewal registration 
issued by the U.S. Copyright Office.
    (2) A statement describing any change of ownership or name of owner, 
in compliance with Secs. 133.35 and 133.36, and any change of address of 
the owner.
    (3) Payment of a fee of $80. A check or money order shall be made 
payable to the U.S. Customs Service.
    (d) Untimely application. If the recordant fails to submit a renewal 
application at least 3 months before the recordation expires, he may not 
renew the recordation. The recordant shall be required to reapply to 
record the copyright in accordance with the procedures and requirements 
of Secs. 133.32 and 133.33.

[T.D. 87-40, 52 FR 9475, Mar. 25, 1987, as amended by T.D. 91-77, 56 FR 
46115, Sept. 10, 1991]

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