Two Sets of Laws Exist for Copyright Duration

Two Sets of Laws Exist in the US for Copyright Duration, depending on when a work was created. Understanding these laws is crucial for creators, publishers, and anyone dealing with copyrighted material. Let’s explore the key differences between these two systems.

Works Created On or After January 1, 1978

For works created on or after January 1, 1978, copyright protection generally lasts for the life of the author plus an additional 70 years. This applies to most individual creators and their works. However, there are some important exceptions:

Joint Works: For works created by two or more authors, copyright lasts for 70 years after the death of the last surviving author.

Anonymous Works, Pseudonymous Works, and Works Made for Hire: These have a different duration – 95 years from first publication or 120 years from creation, whichever expires first.

Works Created Before January 1, 1978

For works that secured copyright protection before January 1, 1978, the rules are more complex:

Initial Term: These works initially received 28 years of protection.

Renewal Term: They were eligible for a renewal term, which has been extended over time. Currently, if renewed, these works receive an additional 67 years of protection.

Maximum Protection: The maximum total term of copyright protection for these works is 95 years (28 years initial term + 67 years renewal term).

Key Considerations for Copyright Duration

1. Public Domain: Works enter the public domain when their copyright expires. All works published in the United States before 1929 are now in the public domain.
2. No Renewal Requirement: Works created on or after January 1, 1978, do not require renewal. Protection is automatic for the full term.
3. Derivative Works: When a work enters the public domain, it can inspire new derivative works without permission from the original copyright holder.
4. International Considerations: Copyright duration can vary in other countries, so it’s important to consider international copyright laws for global distribution.

Understanding how US Copyright Duration law works is essential for proper copyright management and compliance. Whether you’re a creator protecting your work or a user seeking to utilize copyrighted material, knowing the applicable duration can help you navigate copyright law effectively. For specific cases or complex situations, contact our copyright attorney who can provide tailored guidance based on the unique circumstances of your case.