Copyright Questions and Answers for Information Professionals: From the Columns of Against the Grain

Appendix: When U.S. Works Pass into the Public Domain

APPENDIX When U.S. Works Pass into the Public Domain Appendix 262 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 Published before 1923 In public domain None 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 Life + 70 years or 1231 -2002, whichever is greater Created before 1-178 but published between then and 1231 -2002 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 1231 -2047, whichever is greater When U.S. Works Pass into the Public Domain 263 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 efforts to correct the accidental omission of notice were made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405. Notes courtesy of Professor Tom Field, Franklin Pierce Law Center, and Lolly Gasaway. Last updated 11-5-03. This page intentionally left blank. ...