Copyright & the Public Domain
Copyright Term and the Public Domain in the United States 1 January 2007 |
||
UNPUBLISHED WORKS | ||
Type of Work | Copyright Term | What was in the public domain in the U.S. as of 1 January 2007 |
Unpublished works | Life of the author + 70 years | Works from authors who died before 1937. |
Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship) | 120 years from date of creation | Works created before 1887. |
Unpublished works created before 1978 that were published after 1977 but before 2003 | Life of the author + 70 years or 31 December 2047, whichever is greater | Nothing.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 |
Unpublished works created before 1978 that were published after 31 December 2002 | Life of the author + 70 years | Works of authors who died before 1937. |
Unpublished works when the death date of the author is not known | 120 years from date of creation | Works created before 1887. |
WORKS PUBLISHED IN THE US |
||
Date of Publication | Conditions | Copyright Term |
Before 1923 | None | In the public domain |
1923 through 1977 | Published without a copyright notice | In the public domain |
1978 to 1 March 1989 | Published without notice, and without subsequent registration | In the public domain |
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 |
1923 through 1963 | Published with notice but copyright was not renewed | In the public domain |
1923 through 1963 | Published with notice and the copyright was renewed | 95 years after publication date |
1964 through 1977 | Published with notice | 95 years after publication date |
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 |
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 |
WORKS PUBLISHED OUTSIDE THE US |
||
Date of Publication | Conditions | Copyright Term in the United States |
Before 1 July 1909 | None | In the public domain |
Works Published Abroad Before 1978 in Compliance with US Formalities | ||
1 July 1909 through 1922 | Published in compliance with US formalities | In the public domain |
1923 through 1977 | Published with notice, and still in copyright in its home country as of 1 January 1996 | 95 years after publication date |
Works Published Abroad Before 1978 Without Compliance with US Formalities | ||
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 |
1923 through 1977 | In the public domain in its home country as of 1 January 1996 | In the public domain |
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 |
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 |
Works Published Abroad After 1 January 1978 |
||
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 |
Special Cases | ||
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 |
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 |