Understanding Copyright Expiration | When Does Copyright Expire?

You might not know, but there is an expiration date for a copyright. When does copyright expire? The term of the copyright varies based on a few things. Was the work published or unpublished? What was the published date, if it was? Is the author or creator anonymous, pseudonymous, or someone who was hired to make the work? These are all considerations! 

In a general sense, if a work was created following the date of January 1, 1978, the copyright won’t expire for the entire duration of the author’s life and then for another 70 years. For an anonymous, pseudonymous, or work made for hire? The copyright term is 95 years from the publication year or 120 years from the year when it was created. What about works published before 1978? For works published prior to 1978, the term of copyright protection is 95 years. Copyright protection for the majority of works expire and then enter the public domain 95 years after they were published. Or, 70 years post the death of the author. 

For Works Published Before January 1, 1978

If a work was published before January 1, 1978, it will enter the public domain 95 years following the publication. Since 2019, on the 1st day of January of every year the copyright term for all works published in the year 95 years before will expire and become public domain. Once January 1, 2073 comes around, all of the works published in 1977 will enter the public domain. Any works created post 1977 don’t adhere to this. They maintain copyright protection for the duration of the author’s life plus another 70 years. 

And, what if the works were in existence, but weren’t published or copyrighted as of the date January 1, 1978? For most of these works, the copyright protection will last for the life of the author and then for another 70 years. If a work was made for hire and unpublished/unregistered prior to January 1, 1978, they are protected either 120 years from the creation. Or, 95 years from publication. 

The year 1964 contains an exception! Let’s say a work was published fewer than 95 years ago, but prior to 1964. The copyright would’ve had to have been renewed after 28 years passed. If that renewal didn’t happen, the copyright expired after 28 years. For these works that were renewed, the copyright term is 95 years after the publication. 

Records of Registrations and Renewals | When Does Copyright Expire?

The United States Copyright Office does have records of registrations and renewals since the year 1978. You can search those records here. For records before 1978, you can check out these catalogs. If you so choose, you may also pay the Copyright Office to conduct a registration and renewal search for you. That’s done through the Records Research and Certification Division (RRC). It will cost $200 an hour. The minimum amount of hours is two, so it will be a total of at least $400. If you need an expedited search, that will cost at least $1000. 

Copyright Act of 1976 – Works Are Copyrighted Upon Creation

Thanks to the Copyright Act of 1976, any work is automatically copyrighted upon creation, not when published, starting January 1, 1978. 

If a work has one author, the work will be copyright protected for the duration of that author’s life plus 70 years. 

For works that have more than one author, the copyright holds up for the life of the last surviving author plus another 70 years. 

If the work was made for hire, the protection lasts 95 years from the initial publication or 120 years from the creation date – whichever arrives first. 

For works published using fictitious names or anonymously, the copyright will be in effect for 95 years from the publication or 120 years from the creation date. 

When Do Musical Recording Copyrights Expire?

Musical recordings have a different set of rules regarding copyright protection! Prior to February 15, 1972, sound recordings weren’t protected by federal copyright law. But, in October of 2018, the Music Modernization Act was passed by Congress, which awarded copyright protection to sound recordings from before 1972 in several ways…

If the recording was published before 1923, the copyright expired – the recording is in the public domain. 

For recordings released in the years between 1923 and 1946, the copyright term is 95 years from the publication and another five years on top of that. 

For sound recordings published between 1947 and 1956 – copyright protection is 95 years from the publication and another 15 years following that. 

All of the other recordings published before February 15, 1972 – the copyright will expire February 15, 2067. 

Figuring Out Copyright Expiration Can Be Tricky

When trying to figure out if a work’s copyright has expired or not and/or become part of the public domain, it may be tricky! The term for copyright protection has evolved in many ways since the early 20th Century. As we noted, there’s also retroactive changes to copyright protection passed by Congress. 

Want to learn more about when copyright expires? Contact our team at Stockman & Poropat, PLLC today! 

Up next we will be discussing how the US Copyright Office Grants Exemption to Free the McFlurry.