Copyright Duration
(Also known as the copyright term)
The time at which copyrighted,
published works pass or passed into the public domain depends upon
when they were published. Several changes to the laws in the last 30
years have significantly altered the copyright duration.
Created after December 31, 1977
Copyright starts as soon as the work is
fixed in some tangible form. The term of the copyright is life
of the author plus 70 years, whether the work is published or
not.
If it is a work-for-hire produced by a
corporation, the term is 95 years from publication or 120 years,
whichever is shortest. The 120 years would apply to works that
had not been published.
Created from 1923 to 1963
Works published with a proper copyright
notice between 1923 and 1963 had an initial term of 28 years and
could be renewed for an added 47 years (28 + 47 = 75 years), but
this later had another 20 years added to it (75 + 20 = 95). Any
works that were not renewed passed into the public domain.
Unpublished works created during this time are covered by today’s
copyright law. Works published without a
proper copyright notice automatically entered the public
domain.
Created from 1964 to 1977
Works published with a proper copyright
notice between 1964 and 1977 initially came under the 1909
copyright act, which gave them an initial 28 year term with
subsequent renewal terms. Subsequent copyright acts were
enacted prior to the expiration of the initial term for works
published during this time period. These acts had the net effects of
removing the requirement for renewal and extending the term of the
copyrights another 67 years for a total of 95 years. Unpublished
works created during this time are covered by today’s copyright
law. Works published without a proper
copyright notice automatically entered the public domain.
Created before 1978, but not published
Unpublished works created before January 1, 1978
came under the protection of statutory copyright through the 1976
Copyright Act, which codified and eliminated common law copyright
protection that had developed through court interpretations and
rulings. The term of these unpublished works is life of the author
plus 70 years or December 31, 2002, whichever is greater.
Created before 1978 and first published between
December 31, 1978 and December 31, 2002
The term for these works is life of the author plus 70 years or
December 31, 2047, whichever is greater.
Created between December 31, 1977 and March 1, 1989
and published without proper notice
Works published
without a proper copyright notice during this
period could be protected by copyright
- if notice was omitted from a
relatively small number; or
- if registered with the
copyright office within 5 years of publication without notice
and a reasonable effort was made to add notice to all copies
distributed in the U.S. after publication;
or
- notice was omitted in violation
of an express requirement in writing by the copyright owner
that the notice be included.
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