|
|
|
| |
|
 |
|
When Works Pass into the Public Domain
A public domain work is a creative work that is not protected by copyright and
which may be freely used by everyone. The reasons that the work is not protected include:
(1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory
formalities to perfect the copyright or (3) the work is a work of the U.S. Government. US Copyright Office - Duration of Copyright
| DATE OF
WORK |
PROTECTED
FROM |
TERM |
| Created 1-1-78 or
after |
When work is fixed in tangible
medium of expression |
Life + 70 years1(or if
work of corporate authorship, the shorter of 95 years from publication,
or 120 years from creation2 |
| Published before
1923 |
In public domain |
None |
| Published from 1923 -
63 |
When published with
notice3 |
28 years + could be renewed for 47
years, now extended by 20 years for a total renewal of 67 years. If not
so renewed, now in public domain |
| Published from 1964 -
77 |
When published with
notice |
28 years for first term; now
automatic extension of 67 years for second term |
| Created before 1-1-78 but not
published |
1-1-78, the effective date of the
1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2002,
whichever is greater |
Created before
1-1-78 but published between then and
12-31-2002 |
1-1-78, the effective date of the
1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2047
whichever is greater |
- Term of joint works is measured by life of the longest-lived author.
- Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. § 302(c).
- Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405. (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway)
Chart courtesy of Laura Gasaway, Director of the Law Library and professor of law at the University of North Carolina.
 Return to Articles
|
Last modified on: Sunday, February 10, 2019 |
Contact Us | About | AUP | Privacy | Copyright | Site Map
|
Copyright © 2002-2024 matteson.us All Rights Reserved |
|
|
|
|
