University of Rochester

Duration of Copyright

Adapted from chart by
Laura N. Gasaway, Director of the Law Library and Professor of Law,
University of North Carolina at Chapel Hill
(laura_gasaway@unc.edu)

Includes material from the Term Extension Act, PL 105-298, signed October 1998.

DATE OF WORK PROTECTED FROM TERM
Created 1-1-78 or after When work is fixed (intangible medium of expression) Life + 70 years1 (or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation)2
Published before 1923 In public domain None
Published betwwen 1923 and the end of 1963 When published with notice3 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 95 years. If not so renewed, now in public domain
Published 1964-77 When published with notice3 28 years from first term; now automatic extension of 67 years for second term
Created before 1-1-78, but not published 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years, or 12-31-2002, whichever is greater
Created before 1-1-78, but published between then and 12-31-2002 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years, or 12-31-2047, whichever is greater

Gasaway's chart is posted under title, "When Works Pass into the Public Domain," at
http://www.unc.edu/~unclng/public-d.htm
(Last updated November 5, 1998)

Note: This chart does not take into account certain works published outside of the United States, formerly in public domain, which came back into copyright protection after the signing of the GATT treaty, notably music of Russian composers.

The notes below are courtesy of Professor Tom Field, Franklin Pierce Law Center, Concord, NH.


1Term of joint works is measured by life of the longest-lived author.
2Works for hire, anonymous and pseudonymous works, also have this term. 17 U.S.C. §302(c).
3Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if, e.g., registration was made within five years. 17 U.S.C. §405.

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