By Lolly Gasaway, University of North Carolina
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DATE OF WORK |
PROTECTED FROM |
TERM |
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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 |
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Published before 1923 |
In public domain |
None |
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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 |
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Published from 1964–77 |
When published with notice |
28 years for first term; now automatic extension of 67 years for second term |
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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 |
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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 |
1. Term of joint works is measured by 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 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, e.g., registration was made within five years. 17 U.S.C. § 405. (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center.)
LOLLY GASAWAY Last updated 9-18-01. For additional updates, check the following website: www.unc.edu/~unclng.