MightyRecruiterThe first U.S. copyright statute was established in the 18th century, giving certain privileges and monopolies to printers of books. At that time, protection was in effect for 14 years. Since then, copyright protection has undergone a number of changes, although today’s copyright law has evolved beyond legal rights, extending to the moral rights of an author or the economic rights of an author’s benefactor, that have been in force throughout history. The length of time copyright protection lasts has much to do with the time in which the work under consideration was published.
For Works Created Before 1978
Any work published before 1923 is now in the public domain and can be used without permission. If published between 1923 and 1963 and not renewed, the work is also in the public domain. However, the copyright for any work that was published between 1923 and 1963 and renewed lasts for 95 years from the date of its first publication. Similarly, a copyright for a work published between 1964 and 1977 lasts for 95 years from the date of publication. Finally, the copyright for any work created before 1978 and published before December 31, 2002, lasts at least until December 31, 2047.
All unpublished works that were created by authors who died 70 years ago or more, are now in the public domain in the U.S.
For Works Not Published by 1978
A work that was created, but not registered or published, before January 1, 1978, has been given federal copyright protection. The length of time the copyright will remain in force will follow the life-plus-70 or the 95- to 120-year terms. However, in accordance with the law in effect prior to 1978, a copyright could be secured on the date a work was published or on the date of registration, if necessary. The copyright would be in effect for a first term of 28 years from the date it was awarded. During the last year of that term, the copyright can be renewed.
The Copyright Act of 1976
The Copyright Act of 1976 is today the primary foundation of copyright law in our country. Signed by President Gerald Ford, it went into effect on January 1, 1978. Under this act, copyright protection covers “works of authorship,” which include literary, musical, dramatic, choreographic works and pantomimes plus pictorial, sculptural and graphic works, motion pictures, sound recordings and audiovisual works. In 1990, the eighth category, architectural works, was added. The Act makes it clear that copyright protection doesn’t extend to such nebulous areas as ideas, concepts or processes. It is, however, generous in granting exclusive rights, such as the right to reproduce a work, to create derivative works of the original, to distribute copies including “phonorecords” of the original work to the public, and to publicly display or perform the work.
The Act stipulated that copyright protection should constitute “a term consisting of the life of the author and 50 years after the author’s death.”
The Extension Act of 1998
Because of the Copyright Term Extension Act of 1998, copyrights for material published after January 1, 1978, are in force for the life of the author plus 70 years. However, depending on the date the work is published, the copyright can last for 95 to 120 years under the following conditions:
- The work was commissioned through a work-made-for-hire agreement
- The work belongs to the author’s employer under a work-made-for-hire circumstance
- The author publishes and registers the work either anonymously or under a pseudonym
Once the copyright expires, the work is available to anyone through the public domain.
Sorting it All out
While the long history of copyright laws is fascinating, getting a handle on the laws that affect us today can seem a bit overwhelming. An experienced intellectual property attorney can help you sort it all out.
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