Entertainment Law Question #9?

See question number eight for background.

As noted in the previous question, all facts are the same except that for this question, assume that Composer lived until 1965, and that he (not his wife) renewed the song's copyright in 1963, 28 years after its first publication. Dynamic has now released the movie on VHS. Dynamic did not pbtain permission from Composer's widow to do so. Should it have?

Here is my answer to question #8:

Dynamic Studios did not need to obtain permission from Composer鈥檚 widow to release the movie on VHS this year with Composer鈥檚 song on it. Composer鈥檚 widow renewed the copyright on the song in 1963 and never contacted Dynamic Studios again after that. Her copyright renewal for the second term lasted 28 years, meaning that it expired in 1991. If Dynamic put the movie out earlier this year, 2006, they did not need to contact her because once the copyright has expired, the work becomes public domain.

Normally, I don't go back and forth looking at someone's questions, but you had an interesting one. Based on the previous set of facts, I would argue that Dynamic did not have to obtain permission because the license auhtorizing Dynamic to use the song is still valid. Also, the copyright duration would still be valid because the 28 years is still in the time frame of the duration, which is concurrent with the duration of the license Dynamic has with Composer. If the information below is accurate, the license is valid.

"Composer granted a synchronization license to Dynamic Studio authorizing the studio to record and use the song in the soundtrack for one of its movies and authorizing it to distribute the song "in all media and by any means, now known or hereafter invented" for the "entire duration" of the song's copyright "including all renewals and extensions thereof"."

Your previous #8 said that she renewed the hypo 28 years after it published in 1935. Besides, when you renew, you'd have a total term of 95 years and therefore the copyright would be valid until 2030. According to the US Copyright office... Report It