How Long Does Copyright Protection Last?

Copyright laws changed significantly in the 1990s, lengthening the amount of time a creative work is under copyright protection.

These laws apply to works such as videos, video games, song lyrics, graphic designs, pieces of art, music, books, other writings, software programs or any other work that would not exist without the passion and creativity of their creator.

The latest laws differentiate between the length of time a copyright is owned by a business or employer and the length of time an individual or group of individuals owns a copyright.

Companies own copyrights if the works they own were created as “work for hire.”  Work for hire is any intellectual property created by an employee of a person or company, or works created by a person under contract to a person or company for that work.

Any piece of creative work produced after 1978 is automatically given copyright protection. It is not absolutely necessary for the creator or business to note copyright on the work, although many do in order to specifically protect their investment of time and money into the work.

The lengths of copyright protection for works of intellectual property that were created (in other words, put into their permanent, fixed form) after the first of January, 1978 are as follows:

• Work for hire – 95 years from the date of first publication, or 120 years from the date of first creation. The determination of which time period to use is based on which gives a shorter protection period.
• Not a work for hire – the author’s lifetime plus 70 years.
• A joint work, not for hire (two or more authors) – 70 years after the death of the last surviving author.
• Pseudonymous works or Anonymous works: The shorter of 95 years from the date of publication or 120 years from creation.

Terms of copyright for works created before 1978 but remaining unregistered on the date of January 1, 1978 are protected under the new statute. So the same standards and protection periods apply to those works.

Additionally, these works have the following additional guidelines:

• Under no condition did the copyright for these kinds of intellectual property expire before Dec. 31, 2002
• Works published on or before Dec. 31, 2002 will under all circumstances last until at least Dec. 31, 2047.

Creative works that were created and registered for copyright protection prior to the date for the new regulations (Jan. 1, 1978) are covered under previous legislation.

• Copyright began on the date the item was published with copyright notice and extended 28 years.
• If unpublished, the work was copyrighted from the day it was registered and extended for 28 years.
• The copyrights could be renewed after 28 years. The 1976 law extended the possible renewal period to 47 years for a total of 75 years.
• The 1998 law extended that renewal period further, up to 67 additional years for a total of 95 possible years of copyright protection for works created prior to Jan. 1, 1978.
• Since the 1992 law, renewals are automatic. Those wishing a renewal certificate, however, must file an application and pay a fee at the copyright office.