[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR133.37]



[Page 711-712]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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.



[[Page 712]]



    (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 Sec. Sec.  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 Sec. Sec.  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]