| Copyright
Basics: What is Copyright Law? |
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What is Copyright Protected?
When Works Pass into the Public Domain
Copyright Court Decisions (summary)
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| When
Works Pass into the Public Domain |
| Date of Work |
Protected From |
Term |
Created 1-1-78 or after |
As soon as the work is fixed in a tangible medium of
expression |
Life + 70 years1 (or in the case 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 plus the option to renew for another 67 years.
If not so renewed, it is now in the public domain |
Published from 1964 - 77 |
When published with notice3 |
28 years for the first term, plus an automatic extension
of 67 years for the 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 later |
Created before 1-1-78
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 later |
1 The term of joint works is measured by the life
of the longest-lived author.
2 Works for hire, anonymous and pseudonymous works
also have this term. 17 U.S.C. § 302(c).
3 Under the 1909 Copyright Act, works published without
notice went into the public domain upon publication. Works published
without notice between 1-1-78 and 3-1-89 (the effective date of
the Berne Convention Implementation Act) retained copyright protection
only if an effort 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.
Chart
courtesy of Laura Gasaway, Director of the Law Library and professor
of law at the University of North Carolina.
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