Showing posts with label protection. Show all posts
Showing posts with label protection. Show all posts

How long does copyright protection last?

As a result of the Copyright Term Extension Act of 1998, most copyrights for works
published after January 1, 1978 last for the life of the author plus 70 years. However,
in the following circumstances, the copyright lasts between 95 and 120
years, depending on the date the work is published:

• the work belongs to the author’s employer under the work made for hire
law
• the work was commissioned under a work made for hire agreement (and
fits within one of the categories of works that qualify for work made for hire
treatment), or
• the author publishes and registers the work anonymously or under a pseudonym.
After a copyright expires, the work goes into the public domain, meaning it
becomes available for anyone’s use.
For works created before 1978, the duration times are different:
• If the work was published before 1923, it is in the public domain (available
for use without permission).
• If the work was published between 1923 and 1963 and not renewed (see
duration of copyright), it is in the public domain.
• If the work was published between 1923 and 1963 and it was renewed, the
copyright lasts 95 years from the date of first publication.
• If the work was published between 1964 and 1977, the copyright lasts for
95 years from the date of publication.
• if the work was created before 1978 and published before December 31,
2002, the copyright lasts at least until December 31, 2047; if created before
1978 and not published before December 31, 2002, the copyright has
expired and the work is in the public domain in the United States.

What laws cover copyright protection in the U.S. and

In the U.S., copyright protection derives from the U.S. Constitution, which
requires that original works of authorship be protected by copyright. The current
(and exclusive) source of this protection is the federal Copyright Act of 1976, as
amended. There are no state copyright laws.

Copyright protection rules are fairly similar worldwide, due to several international
copyright treaties, the most important of which is the Berne Convention.
Under this treaty, all member countries (in excess of 100 countries, including
virtually all industrialized countries) must afford copyright protection to authors
who are nationals of any member country. This protection must last for at least the
life of the author plus 50 years and must be automatic, without the need for the
author to take any legal steps to preserve the copyright.

In addition to the Berne Convention, the GATT (General Agreement on Tariffs
and Trade) treaty contains a number of provisions that affect copyright protection
in signatory countries. Together, the Berne Copyright Convention and the GATT
treaty allow U.S. authors to enforce their copyrights in most industrialized nations,
and allow the nationals of those nations to enforce their copyrights in the U.S.