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Determining the Rights of Heirs In Copyright-Renewal Interests

By Stan Soocher
February 24, 2005

The digital age and widespread, unauthorized Internet downloading have raised doubts about the strength of copyright protection. But the durability of entertainment content has nevertheless kept renewal interests in copyrights alive. It is often the children and spouses of deceased artists who are involved in fights over the economic promise of these copyright renewals.

Though federal copyright law currently protects a work for the life of an author (or of the last living co-author) plus 70 years, under 17 U.S.C. 304(a), works registered before Jan. 1, 1978, remain subject to an initial 28-year copyright term plus an additional 67 years renewal.

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