Time Period for Copyright Protection - Explained
Copyrights Held by Individuals and Businesses
Written by Jason Gordon
Updated at September 26th, 2021
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Table of Contents
How long does a copyright last?Discussion QuestionPractice QuestionAcademic ResearchHow long does a copyright last?
The length of time of copyright protection depends upon three factors:
- When the copyright was created,
- The length of the authors life, and
- Whether the creator was an individual or a firm.
Generally, a work created after January 1, 1978 is automatically protected for a period of 70 years past the life of the last living creator.
Works created by entities (by employees or works for hire) are protected for the lesser of 95 years from the date of publication or 120 years from the date of creation.
A complicated set of rules applies for calculating the length of protection of a copyrighted work created prior to 1978. In summary, if a work was created, but not published or subject to copyright, similar rules apply as for a work created after 1977. The difference is that a copyright is only guaranteed a minimum of 25 years of protection based the date of creation - until 2002. If the copyright is subsequently published during this 25-year window, the 25-year period is extended to 70 years. If the pre-1978 copyright was subject to copyright protection, the 1909 Act applies to the work. In this case, the work receives 28 years of protection from the date of creation. The protections can be extended for an additional 28 years upon application during the 28th year.
Next Article: Process for Registering a Copyright Back to: INTELLECTUAL PROPERTY
Related Topics
-
What is a copyright?
- Digital Millennium Copyright Act or DMCA Explained
- Basics of Copyright Law
- What are the rights of a holder of a copyright?
- What are the elements of a copyright?
- How long is the period of copyright protection?
- What is the process for registering a copyright?
- Who may claim and secure copyright protection?
- What are infringement and the process for enforcing a copyright?
- What are the defenses available against a claim of copyright infringement?
- Public Domain Works
- Licensing Agreement
- End User License Agreement
- What is Fair Use of copyright?
- What is the First Sale Doctrine?
Discussion Question
How do you feel about the divergent methods of determining copyright protections for works before and after January 1, 1978? What are the justifications for maintaining this system?
Practice Question
Mark wrote two songs. One he wrote in 1977 and the other he wrote in 1978. He has never made any filings for copyright protection. What are Marks protective rights in these two songs?