Wednesday, March 30, 2011

How Long Does A Copyright Last?

I am periodically asked about the term of copyright. Such an apparently simple question comes with a complex answer. There is, indeed, no one copyright term. The answer depends on when the work was created or published. Below is a wonderful chart prepared by Lolly Gasaway of the University of North Carolina that attempts to explain it all:

Work created 1-1-78 or after:
Term commences when a work is fixed in tangible medium of expression, the term is Life plus 70 years (or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation).

Work published before 1923:
Work in public domain.

Work published between 1923 - 63:
Term commences when a work is published with notice, with a term of 28 years for first term and can be renewed for 47 additional years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain.

Work published from 1964 - 77:
Term commences when a work is published with notice, with a term of 28 years for first term, now automatic extension of 67 years for second term.

Work created before 1-1-78 but not published:
Term commences 1-1-78 (the effective date of the 1976 Act which eliminated common law copyright), with a term of Life plus 70 years, or to 12-31-2002, whichever is greater.

Work created before 1-1-78 but published between then and 12-31-2002:
Term commences 1-1-78 (the effective date of the 1976 Act which eliminated common law copyright), with a term of Life plus 70 years, or 12-31-2047, whichever is greater.

No comments: