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 Unpublished works created during this time are covered by today’s copyright law.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 Unpublished works created during this time are covered by today’s copyright law.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Unpublished works created before January 1, 1978 came under the protection of statutory copyright through the 1976 Copyright Act, which codified and eliminated common law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 The term of these unpublished works is life of the author plus 70 years or December 31, 2002, whichever is greater.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.