How Long Does Copyright Protection Last?

Copyright protection is a critical aspect of intellectual property law that safeguards the rights of creators over their original works. Whether you're an artist, writer, musician, or software developer, understanding the duration of copyright protection is essential to ensuring that your creative efforts are properly protected. This blog will delve into the specifics of how long copyright protection lasts, the factors that influence its duration, and what happens when copyright expires.

In this guide, we will cover:

• The general rules for copyright duration under U.S. law

• Special considerations for different types of works

• What happens when copyright protection ends

Whether you're seeking to protect your own work or use someone else's, knowing these details will help you navigate the complexities of copyright law.

General Rules for Copyright Duration

Copyright Law in the United States is primarily governed by the Copyright Act of 1976, with significant amendments made in subsequent years, particularly by the Sonny Bono Copyright Term Extension Act of 1998. Understanding the duration of copyright protection begins with knowing the basics of these laws.

• Works Created on or After January 1, 1978

• Term of Protection: Copyright protection for works created on or after January 1, 1978, lasts for the life of the author plus 70 years. This means that the copyright remains in effect for the entirety of the author's life and continues for 70 years after their death.

• Works Made for Hire: For works created as works made for hire—which are works created by an employee as part of their job or works commissioned under certain conditions—the copyright lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

• Joint Authorship: If a work has multiple authors, the copyright lasts for 70 years after the death of the last surviving author.

• Works Created Before January 1, 1978

• Term of Protection: Works created before this date are subject to different rules. Initially, these works were protected for 28 years, with the possibility of renewing for another 67 years under the 1976 Act, leading to a total of 95 years of protection. This protection was extended to 95 years automatically under the Sonny Bono Act.

• Unpublished Works: For unpublished works created before 1978, the copyright lasts for the author’s life plus 70 years, but not less than until December 31, 2002. If the work was published before that date, the copyright extends to December 31, 2047.

• Anonymous, Pseudonymous Works, and Works for Hire

• Term of Protection: For anonymous or pseudonymous works, and works made for hire, the duration is the same as the works made for hire mentioned earlier: 95 years from publication or 120 years from creation, whichever comes first. This ensures that these works, where authorship may not be easily identifiable, still receive adequate protection.

Special Considerations for Different Types of Works

Copyright law is not one-size-fits-all. Different types of works can have unique considerations regarding the duration of protection.

• Sound Recordings

• Term of Protection: Sound recordings created on or after February 15, 1972, are protected for the same duration as other works created after January 1, 1978: life of the author plus 70 years or, if a work made for hire, 95 years from publication or 120 years from creation.

• Pre-1972 Recordings: Sound recordings made before February 15, 1972, have a more complex protection scheme due to state laws and the Music Modernization Act (MMA) of 2018. Under the MMA, these older recordings are granted federal copyright protection until February 15, 2067.

• Architectural Works

• Term of Protection: Architectural works created on or after December 1, 1990, are protected for the life of the author plus 70 years, similar to other types of works. If the work is created as a work made for hire, the duration is 95 years from publication or 120 years from creation.

• Motion Pictures and Other Audiovisual Works

• Term of Protection: Motion pictures and other audiovisual works created on or after January 1, 1978, follow the standard term of protection—life of the author plus 70 years or 95 years from publication for works made for hire. However, these works often involve multiple authors (such as directors, screenwriters, and producers), so the term typically extends 70 years after the death of the last surviving author.

• Posthumous Works

• Term of Protection: Works published posthumously—after the author’s death—are protected for the same term as if they had been published during the author's life. However, if the work was unpublished before January 1, 1978, and the author died before that date, the copyright lasts until December 31, 2047.

What Happens When Copyright Protection Ends?

When a copyright expires, the work enters the public domain, meaning it is no longer under the control of the copyright holder and can be used freely by anyone without the need for permission or payment of royalties.

• Public Domain Status

• Definition: The public domain includes works whose copyrights have expired, as well as works that were never eligible for copyright protection in the first place. Once in the public domain, these works can be freely used, copied, and modified by anyone.

• Examples: Classic works of literature, such as Shakespeare’s plays or the novels of Jane Austen, are in the public domain. This allows modern adaptations, performances, and reproductions without legal restrictions.

• Why Copyrights Expire

• Rationale: Copyright law balances the rights of creators with the public's interest in access to creative works. Allowing copyrights to expire ensures that, eventually, creative works can be freely used and enjoyed by everyone.

• Implications for Creators: For creators, the expiration of copyright means losing exclusive control over the work. However, it also means the potential for their work to reach new audiences and be used in ways they may not have imagined.

• Renewal and Restoration

• Renewal: For works created before 1978, the copyright could originally be renewed, extending the protection period. However, under the 1976 Act, this renewal is now automatic, with the full term being granted from the outset.

• Restoration: In some cases, works that had fallen into the public domain due to a failure to renew the copyright under the old law can have their copyrights restored, particularly if the work was first published in a foreign country that is a signatory to the Berne Convention. This process is complex and typically requires legal expertise to navigate.

Conclusion

Understanding the duration of copyright protection is crucial for anyone involved in the creation, use, or distribution of creative works. Whether you're an author, artist, or business owner, knowing how long these protections last—and what happens when they expire—can help you make informed decisions about your intellectual property.

Copyright protection varies depending on when the work was created, the type of work, and whether it was published or not. While the life of the author plus 70 years is the general rule for most works, there are important exceptions and special considerations, particularly for works made for hire, sound recordings, and older works.

If you have specific questions about copyright duration or how it applies to your work, we invite you to ask a question on our Hotline. By doing so, you’ll be connected to an experienced attorney who can provide the guidance you need to protect your creative efforts.