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| About site: http://www.unc.edu/~unclng/public-d.htm |
Title: Libraries/Library and Information Science/Intellectual Property - When Works Pass into the Public Domain A chart prepared by University of North Carolina law library director Laura Gasaway to help in making the determination whether a work remains copyright-protected in the US.
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WHEN WORKS PASS INTO THE PUBLIC DOMAIN
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.
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
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)
LOLLY GASAWAY
Last updated 11-04-03
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.
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A | chart | prepared | by | University | of | North | Carolina | law | library | director | Laura | Gasaway | to | help | in | making | the | determination | whether | a | work | remains | copyright-protected | in | the | US. |
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http://www.unc.edu/~unclng/public-d.htm
When Works Pass into the Public Domain 2008 August
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A chart prepared by University of North Carolina law library director Laura Gasaway to help in making the determination whether a work remains copyright-protected in the US.
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