|
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 |
|
Copyrighted and
Created before
1-1-78
|
|
The new law amends the Copyright Act
to extend the term of protection for works currently in their renewal
term from 75 years to 95 years. Under the new law, any work published
-- or registered -- in 1922, went into the public domain on January
1, 1998. Works published in 1923 that would have otherwise fallen
into the public domain on January 1, 1999, will now remain protected
until January 1, 2019. |
| Published before 1923 |
In public domain |
Any work published prior to 1923 is
now in the public domain. |
|
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 |
Copyright in these works lasts for
the life of the author plus 70 years (or 95/120 years for works
for hire), but in no case will their copyrights expire before December
31, 2002. If they are published before December 31, 2002, as a bonus,
they are guaranteed at least 45 years of protection (until December
31, 2047). Before passage of the Copyright Term Extension Act, the
bonus term only ran until December 31, 2027. |
|
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 |
| Works by authors that are already in the public domain
because of a pre-March 1989 failure to include a proper copyright notice,
or failure to renew a pre-1964, do not receive retroactive protection
under theSonny Bono Copyright Extension Law. Similarly, works published
before 1923, do not receive retroactive protection, and remain in the
public domain. |
