A work that is created (fixed in tangible form for the first time) on or
after January 1, 1978, is automatically protected from the moment of its
creation and is ordinarily given a term enduring for the author's life
plus an additional 70 years after the author's death. In the case of "a
joint work prepared by two or more authors who did not work for hire,"
the term lasts for 70 years after the last surviving author's death. For
works made for hire, and for anonymous and pseudonymous works (unless
the author's identity is revealed in Copyright Office records), the
duration of copyright will be 95 years from publication or 120 years
from creation, whichever is shorter.
Works Originally Created before January 1, 1978, But Not Published or
Registered by That Date
These works have been automatically brought under the statute and are
now given federal copyright protection. The duration of copyright in
these works will generally be computed in the same way as for works
created on or after January 1, 1978: the life-plus-70 or 95/120-year
terms will apply to them as well. The law provides that in no case will
the term of copyright for works in this category expire before December
31, 2002, and for works published on or before December 31, 2002, the
term of copyright will not expire before December 31, 2047.
Works Originally Created and Published or Registered before January 1,
1978
Under the law in effect before 1978, copyright was secured either on the
date a work was published with a copyright notice or on the date of
registration if the work was registered in unpublished form. In either
case, the copyright endured for a first term of 28 years from the date
it was secured. During the last (28th) year of the first term, the
copyright was eligible for renewal. The Copyright Act of 1976 extended
the renewal term from 28 to 47 years for copyrights that were subsisting
on January 1, 1978, or for pre-1978 copyrights restored under the
Uruguay Round Agreements Act (URAA), making these works eligible for a
total term of protection of 75 years. Public Law 105-298
[http://thomas.loc.gov/cgi-bin/bdquery/z?d105:SN00505:
|TOM:/bss/d105query.html| ], enacted on October 27, 1998, further
extended the renewal term of copyrights still subsisting on that date by
an additional 20 years, providing for a renewal term of 67 years and a
total term of protection of 95 years.
Public Law 102-307 [http://thomas.loc.gov/cgi-
bin/bdquery/z?d102:SN00756:|TOM:/bss/d102query.html|] enacted on June
26, 1992, amended the 1976 Copyright Act to provide for automatic
renewal of the term of copyrights secured between January 1, 1964, and
December 31, 1977. Although the renewal term is automatically provided,
the Copyright Office does not issue a renewal certificate for these
works unless a renewal application and fee are received and registered
in the Copyright Office.
Public Law 102-307 [http://thomas.loc.gov/cgi-
bin/bdquery/z?d102:SN00756:|TOM:/bss/d102query.html|] makes renewal
registration optional. Thus, filing for renewal registration is no
longer required in order to extend the original 28- year copyright term
to the full 95 years. However, some benefits accrue from making a
renewal registration during the 28th year of the original term.
For more detailed information on renewal of copyright and the copyright
term, request "Renewal of Copyright"
[http://www.loc.gov/copyright/circs/circ15.pdf] ; "Duration of
Copyright" [http://www.loc.gov/copyright/circs/circ15a.pdf]; and
"Extension of Copyright Terms"
[http://www.loc.gov/copyright/circs/circ15t.pdf].
------------------------------------------------------------------------