public domain guidelines chart
printable version
WHEN WORKS PASS
INTO THE PUBLIC DOMAIN
By Lolly Gasaway
University of North Carolina
| DATE OF WORK |
PROTECTED FROM |
TERM |
| Created 1-1-78 or after |
When work is fixed in tangible medium
of expression |
Life + 70 years1(or if
work of corporate authorship, the shorter of 95 years from publication,
or 120 years from creation2 |
| Published before 1923 |
In public domain |
None |
| Published from 1923 - 63 |
When published with notice3 |
28 years + could be renewed for 47
years, now extended by 20 years for a total renewal of 67 years. If not
so renewed, now in public domain |
| Published from 1964 - 77 |
When published with notice |
28 years for 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 |
1 Term of joint works is measured by life of the longest-lived author.
2 Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. § 302(c).
3 Under 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. (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center
Last updated 9-18-01
Chart may be freely duplicated or linked to for nonprofit purposes. No permission needed. Please include web address on all reproductions of chart so recipients know where to find any updates. The address is http://www.unc.edu/~unclng/public-d.htm
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