Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comClient Alert
Author: Scarinci Hollenbeck, LLC
Date: April 8, 2020
The Firm
201-896-4100 info@sh-law.comThe U.S. Copyright Office has extended certain deadlines to accommodate copyright owners that are prevented from completing or submitting applications for copyright registration or other documents for filing with the Copyright Office due to the Coronavirus (COVID-19). Much like the trademark and patent relief provided by the U.S. Patent and Trademark Office (USPTO), the extensions were authorized under Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
As set forth in a Public Notice issued on April 6, 2020, the Copyright Office is allowing impacted copyright owners to receive additional time to register a work. This is significant, given that under Section 412 the Copyright Act, a copyright owner’s right to be awarded statutory damages in a copyright infringement action may be negatively impacted if the work allegedly being infringed is not registered prior to the infringement or within three months of the work’s first publication. The Copyright Office is providing similar accommodations for those who are prevented from serving or recording notices of termination within statutorily required time periods.
First, it is important to note that not all registration deadlines have been extended. For all copyright applications that can be submitted entirely in electronic form (i.e., those that do not require submission of a physical deposit), the timing provisions have not changed. Below are the accommodations that the Copyright Office is providing:
The Copyright Office is also relaxing the timing requirements for serving and recording notices of termination. Under section 203 and section 304(c) of the Copyright Act, individual authors may reclaim copyright interests previously transferred to another party in specified circumstances. In general, an author may terminate a transfer within a five-year window, provided that the author serves notice on the transferee between two and ten years before the chosen termination date. After service, the notice must be recorded with the Copyright Office.
To ensure that these authors are not deprived of their ability to effectively terminate a transfer, the Copyright Office will temporarily adjust the section 203 and 304(c) timing requirements to the extent they apply to persons affected by the national emergency. These adjustments will apply as follows:
According to the Copyright Office, it will consider additional “appropriate” modifications as it becomes aware of sufficient disruption to the copyright system caused by the COVID-19 pandemic. Members of the public who have been affected in their ability to participate in the copyright system should consult with intellectual property attorneys regarding their options.
If you have any questions or if you would like to discuss the matter further, please contact the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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