|
 |
|
|

|
|
The Copyright Law
has gone through many changes and revisions over the years,
so the life of any particular copyright is
determined by a variety of factors. These include when
the song was written, the date the song was first registered
for
copyright, if the song was published with notice prior to
registration, if filing a renewal was necessary and if it was
filed, and the life of the creators |
|
|
 |
For works created
after January 1, 1978, the U.S. copyright law adopts the
basic "life-plus-seventy" system already in effect in most
other countries. A work that is created (fixed in tangible
form for the first time) after January 1, 1978, is automatically
protected from the moment of its creation and is given
a term lasting for the author's life, plus an additional
70 years after the author's death.
|
 |
In the case of
"a joint work", created by two or more authors but not
made as a 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 first publication
or 120 years from creation, whichever is shorter.
|
 |
Works that had
been created before the current law came into effect but
had neither been published nor registered for copyright
before January 1, 1978, automatically are given federal
copyright protection. The duration of copyright in these
works will generally be computed in the same way as for
new works: the life-plus-70 or 95/120-year terms will apply
to them as well. However, all works in this category are
guaranteed at least 25 years of statutory protection. The
law specifies that in no case will copyright in a work
of this sort expire before December 31, 2002, and if the
work is published before that date the term will extend
another 45 years, through the end of 2047.
|
 |
Under
the law in effect before 1978, copyright was secured
either on the date a work was published or on the date
of registration if the work was registered in unpublished
form. In either case, the copyright lasted for a first
term of 28 years from the date it was secured, and
if renewed, the copyright was extended for a second
term of 28 years. If not renewed, the copyright
expired at the end of the first 28-year term. The term
of copyright for works published with a year date in
the notice that is earlier than the actual date of
publication is computed from the year date in the copyright
notice.
|
 |
For
a number of copyrights, the second term was extended
beyond 28 years by special legislation.
|
 |
The
old system of computing the duration of protection
was carried over into the 1976 statute with one major
change: the length of the second term is increased
to 67 years. Thus, the maximum total term of
copyright protection for works already protected by
federal statute is increased from 56 years (a first
term of 28 years plus a renewal term of 28 years) to
95 years (a first term of 28 years plus a renewal term
of 67 years).
|
 |
The
specific situation for works copyrighted before 1978
depends on whether the copyright had already been renewed
or was still in its first term on December 31, 1977.
|
 |
Enactment
of Public Law 105-298 extended the second 47-year term
an additional 20 years. |
|
|
There are other variables
which can affect the length of protection of a specific work. At Legacyworks, LLC we are happy to
examine and discuss your individual situation. |
|
|
|
© 2004 Legacyworks,LLC
|

|
07/11/2004
|
|