Copyright & the Public Domain
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Copyright Term and the Public Domain in the United States |
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UNPUBLISHED WORKS |
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Type of Work |
Copyright Term |
What was in the public domain in the U.S. as of 1 January 2007 |
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Unpublished works |
Life of the author + 70 years |
Works from authors who died before 1937. |
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Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship) |
120 years from date of creation |
Works created before 1887. |
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Unpublished works created before 1978 that were published after 1977 but before 2003 |
Life of the author + 70 years or 31 December 2047, whichever is greater |
Nothing. The soonest the works can enter the public domain is 1 January 2048 |
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Unpublished works created before 1978 that were published after 31 December 2002 |
Life of the author + 70 years |
Works of authors who died before 1937. |
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Unpublished works when the death date of the author is not known |
120 years from date of creation |
Works created before 1887. |
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WORKS PUBLISHED IN THE US |
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Date of Publication |
Conditions |
Copyright Term |
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Before 1923 |
None |
In the public domain |
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1923 through 1977 |
Published without a copyright notice |
In the public domain |
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1978 to 1 March 1989 |
Published without notice, and without subsequent registration |
In the public domain |
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1978 to 1 March 1989 |
Published without notice, but with subsequent registration |
70 years after the death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation |
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1923 through 1963 |
Published with notice but copyright was not renewed |
In the public domain |
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1923 through 1963 |
Published with notice and the copyright was renewed |
95 years after publication date |
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1964 through 1977 |
Published with notice |
95 years after publication date |
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1978 to 1 March 1989 |
Published with notice |
70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation |
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After 1 March 1989 |
None |
70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation |
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WORKS PUBLISHED OUTSIDE THE US |
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Date of Publication |
Conditions |
Copyright Term in the United States |
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Before 1 July 1909 |
None |
In the public domain |
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Works Published Abroad Before 1978 in Compliance with US Formalities |
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1 July 1909 through 1922 |
Published in compliance with US formalities |
In the public domain |
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1923 through 1977 |
Published with notice, and still in copyright in its home country as of 1 January 1996 |
95 years after publication date |
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Works Published Abroad Before 1978 Without Compliance with US Formalities |
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1 July 1909 through 1922 |
Published in a language other than English and without subsequent republication with a copyright notice |
In the 9th Judicial Circuit, the same as for an unpublished work; in the rest of the US, likely to be in the public domain |
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1923 through 1977 |
In the public domain in its home country as of 1 January 1996 |
In the public domain |
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1923 through 1977 |
Published in a language other than English, without subsequent republication with a copyright notice, and not in the public domain in its home country as of 1 January 1996 |
In the 9th Judicial Circuit, the same as for an unpublished work; in the rest of the US, likely to be 95 years after publication date |
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1923 through 1977 |
Published in English, without subsequent republication with a copyright notice, and not in the public domain in its home country as of 1 January 1996 |
95 years after publication date |
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Works Published Abroad After 1 January 1978 |
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After 1 January 1978 |
Copyright in the work in its home country has not expired by 1 January 1996 |
70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation |
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Special Cases |
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After 1 July 1909 |
Created by a resident of Afghanistan, Bhutan, Ethiopia, Iran, Iraq, Nepal, San Marino, and possibly Yemen, and published in one of these countries |
Not protected by US copyright law because they are not party to international copyright agreements |
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After 1 July 1909 |
Works whose copyright was once owned or administered by the Alien Property Custodian, and whose copyright, if restored, would as of January 1, 1996, be owned by a government |
Not protected by US copyright law |