The U.S. Constitution set the stage for Congress to pass copyright laws to protect creative works, but copyright protection does not last forever. The Constitution gave Congress the power to grant copyrights only for “limited times.”
Copyright law protects a work from the moment the author creates and fixes it in a tangible form of expression, such as on paper, in a recording, or in a digital photograph. The length of copyright protection depends on several factors. Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first.
When the copyright term expires, a work becomes part of the public domain, and anyone can use it without permission from the author. The public domain also includes material that copyright law never protects—such as ideas, facts, titles, discoveries, procedures, and works created by the U.S. federal government. Although copyright does not protect this material, patent or trademark laws might apply in some circ*mstances. Works in the public domain often inspire new works, adaptations, and derivative works, further enriching the country’s cultural landscape.
Derivative Works Give New Life to Works in the Public Domain
L. Frank Baum wrote the children’s novel The Wonderful Wizard of Oz in 1900. It spawned a popular 1902 Broadway musical and the iconic 1939 film starring Judy Garland. The book sold more than three million copies by the time it entered the public domain in 1956.
The Wonderful Wizard of Oz continues to inspire countless derivative works, including The Wiz—an all-Black stage production set in the context of modern African American culture—and Gregory Maguire’s 1995 novel Wicked, a retelling of the story from the perspective of the witches. The latter, in turn, inspired the popular Broadway musical of the same name, with music and lyrics by Stephen Schwartz.
Today, the term of copyright protection lasts for the author's life plus an additional seventy years. Below are just a few of the historical and cultural works that entered the public domain in 2024.
Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first.
All works in existence by but not published or registered before 1978 were guaranteed at least 25 years of statutory protection, meaning that the copyright would expire no sooner than December 31, 2002.
U.S. copyright law provides copyright owners with the following exclusive rights: Reproduce the work in copies or phonorecords. Prepare derivative works based upon the work. Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending.
The law mandates that recordings published before 1923 expired on January 1, 2022; recordings published between 1923 and 1946 will be protected for 100 years after release; recordings published between 1947 and 1956 will be protected for 110 years; and the protection for all recordings published after 1956 that were ...
After March 1, 1989, all works (published and unpublished) are protected for 70 years from the date the author dies. So, for example, the unpublished works of an author who died in 1943 are in the public domain as of January 1, 2014.
Copyright protection generally lasts for 70 years after the death of the author. If the work was a "work for hire", then copyright persists for 120 years after creation or 95 years after publication, whichever is shorter.
Can Mickey Mouse Copyright be Renewed? No, the Mickey Mouse copyright cannot be renewed. It will expire in 2023 – 95 years after Disney published Mickey Mouse for the first time.
The Copyright Act of 1976 extended the second term to 47 years, meaning that a work was now protected for 75 years (28 years + 47 years) after publication if it were properly renewed. In 1988, the requirement that a work be published with proper notice was removed.
Thus, under the Copyright Act of 1909, the maximum time for which a work could receive copyright protection was 56 years. Under the Copyright Act of 1976, the duration of copyright protection was extended.
Also known as the “35-year law,” it allows for the termination of BOTH grants of rights in post-1977 sound recordings (i.e., record contracts) AND musical compositions (publishing agreements, co-publishing agreements, administration agreements, licenses, etc.) 35 years after publication of the work.
Generally, copyright protection lasts for the length of the author's life plus another 70 years. In the case of joint works, copyright protection lasts for the length of the life of the last surviving joint author plus another 70 years.
The five fundamental rights that the bill gives to copyright owners-the exclusive rights of reproduction, adaptation, publication, performance, and display-are stated generally in section 106.
For works published before January 1, 1978, the 1998 act extended the renewal term from 47 years to 67 years, granting a total of 95 years. This law effectively froze the advancement date of the public domain in the United States for works covered by the older fixed term copyright rules.
To register a claim to copyright with the U.S. Copyright Office, the claimant must: (1) submit a properly completed application; (2) pay a nonrefundable fee; and (3) deposit the required number of copies of the works to be registered. How long does copyright protection last?
the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken, and. the effect of the use upon the potential market.
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