Copyright protects creators’ rights, allowing them to control the use of their original works. Many people ask, “How long does copyright last in the USA?” The answer depends on several factors, including when the work was created, who created it, and whether it was published. Knowing the duration of copyright in the USA is crucial for creators and users of copyrighted material.
Current Copyright Duration
In the United States, the Copyright Act of 1976, amended by the Sonny Bono Copyright Term Extension Act of 1998, determines copyright duration. The law sets different durations based on the type of work and when it was created or published.
Works Created on or After January 1, 1978
For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years. This rule applies to most original works, such as literature, music, and visual art.
- Single Author: Copyright lasts for the author’s life plus 70 years.
- Joint Authors: If multiple authors create a work, copyright lasts 70 years after the last surviving author’s death.
Example: If an author writes a book in 1980 and dies in 2000, the copyright lasts until 2070 (2000 + 70 years).
Works Made for Hire, Anonymous, or Pseudonymous Works
For works made for hire (created by an employee as part of their job) or works created anonymously or under a pseudonym, the copyright duration is different.
- Duration: Copyright lasts 95 years from the year of first publication or 120 years from the year of creation, whichever is shorter.
Example: If a company publishes a work for hire in 1985, the copyright lasts until 2080 (1985 + 95 years).
Works Created Before January 1, 1978
For works created but not published or registered before January 1, 1978, copyright lasts for the life of the author plus 70 years, similar to works created after that date. However, different rules apply if these works were published before 1978.
- Published Works Before 1924: These works are now in the public domain.
- Published Works from 1924 to 1963: These works were initially protected for 28 years, with a possible renewal for 67 years. If not renewed, they are now in the public domain.
- Published Works from 1964 to 1977: These works received an automatic renewal, extending copyright to 95 years from the year of publication.
Example: A book published in 1950 has copyright protection until 2045 (1950 + 95 years).
Public Domain and Expired Copyrights
When copyright expires, the work enters the public domain. Anyone can use it without needing permission from the original copyright holder.
- Works Published Before 1924: These works are in the public domain.
- Expired Copyrights: Any work with expired copyright now belongs to the public domain and can be used freely.
Special Considerations and Exceptions
Certain works may have different copyright durations due to specific circumstances, such as state laws or international treaties. For example, sound recordings created before 1972 have different protection terms under U.S. law. International works may follow different rules based on treaties between the United States and other countries.
Conclusion
Understanding copyright duration in the USA is vital for creators, businesses, and anyone dealing with creative content. The length of copyright protection varies based on the type of work and its creation or publication date. Most works receive protection for the author’s life plus 70 years, while works made for hire typically have a duration of 95 years from publication or 120 years from creation. Knowing these rules ensures compliance with copyright law and proper respect for creators’ rights.
