WHEN U.S. WORKS
PASS INTO THE PUBLIC DOMAIN
By Lolly Gasaway, University of North Carolina
Definition: A public domain work is a creative work
that is not protected by copyright and
which may be
freely used by everyone. The reasons that the work is not protected
include:
(1) the term
of copyright for the work has expired; (2) the author failed to satisfy
statutory
formalities
to perfect the copyright or (3) the work is a work of the U.S. Government.
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DATE
OF WORK
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PROTECTED
FROM
|
TERM
|
|
Created
1-1-78 or after
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When work
is fixed in tangible medium of expression
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Life + 70
years1(or if work of corporate authorship, the shorter of 95 years
from publication, or 120 years from creation2
|
|
Published
before 1923
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In public
domain
|
None
|
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Published
from 1923 - 63
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When
published with notice3
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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
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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
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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
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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 efforts to
correct the accidental omission of notice was made within five years, such as
by placing notice on unsold copies. 17 U.S.C. § 405. (Notes
courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway)
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