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When Works Pass Into Public Domain

The document discusses when creative works enter the public domain, including details on copyright terms and expiration dates for works created or published at different times. Key dates outlined include works published before 1923 being in the public domain, and copyright on works created after 1978 lasting for the author's life plus 70 years.

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marathonjon
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203 views2 pages

When Works Pass Into Public Domain

The document discusses when creative works enter the public domain, including details on copyright terms and expiration dates for works created or published at different times. Key dates outlined include works published before 1923 being in the public domain, and copyright on works created after 1978 lasting for the author's life plus 70 years.

Uploaded by

marathonjon
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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unc.

edu

http://www.unc.edu/~unclng/public-d.htm

WHEN WORKS PASS INTO THE PUBLIC DOMAIN


By Lolly Gasaway Universit y of Nort h Carolina Def init ion: A public domain work is a creat ive work t hat is not prot ect ed by copyright and which may be f reely used by everyone. The reasons t hat t he work is not prot ect ed include: (1) t he t erm of copyright f or t he work has expired; (2) t he aut hor f ailed t o sat isf y st at ut ory f ormalit ies t o perf ect t he copyright or (3) t he work is a work of t he U.S. Government . DATE OF WORK PROTECTED FROM TERM Lif e + 70 years1(or if work of corporat e aut horship, t he short er of 95 years f rom publicat ion, or 120 years f rom creat ion2 None 28 years + could be renewed f or 47 years, now ext ended by 20 years f or a t ot al renewal of 67 years. If not so renewed, now in public domain 28 years f or f irst t erm; now aut omat ic ext ension of 67 years f or second t erm Lif e + 70 years or 12-312002, whichever is great er

Creat ed 1-1-78 or af t er

When work is f ixed in t angible medium of expression

Published bef ore 1923

In public domain

Published f rom 1923 - 63

When published wit h not ice 3

Published f rom 1964 - 77

When published wit h not ice 1-1-78, t he ef f ect ive dat e of t he 1976 Act which eliminat ed common law copyright 1-1-78, t he ef f ect ive dat e of t he 1976 Act which eliminat ed common law copyright

Creat ed bef ore 1-1-78 but not published Creat ed bef ore 1-1-78 but published bet ween t hen and 12-31-2002

Lif e + 70 years or 12-312047 whichever is great er

1 Term of joint works is measured by lif e of t he longest -lived aut hor. 2 Works f or hire, anonymous and pseudonymous works also have t his t erm. 17 U.S.C. 302(c). 3 Under t he 1909 Act , works published wit hout not ice went int o t he public domain upon publicat ion. Works published wit hout not ice bet ween 1-1-78 and 3-1-89, ef f ect ive dat e of t he Berne Convent ion Implement at ion Act , ret ained copyright only if ef f ort s t o correct t he accident al omission of not ice was made wit hin f ive years, such as by placing not ice on unsold copies. 17 U.S.C. 405. (Not es court esy of Prof essor Tom Field, Franklin Pierce Law Cent er and Lolly Gasaway) LOLLY GASAWAY Last updat ed 11-04-03 Chart may be f reely duplicat ed or linked t o f or nonprof it purposes.No permission needed. Please include web address on all reproduct ions of chart so recipient s know where t o f ind any updat es.

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