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An Overview of Copyright

by Gloria T. Delamar

Basic Copyright Dates

The current Copyright Law, passed in 1976, went into effect January 1, 1978 (last major revision was March 1989, though there have been some minor changes since then). In 1989, the U. S. joined the international Berne Convention. The previous U. S. Copyright Law of 1909 provided for initial copyright of 28 years, plus renewal of another 28 (total of 56 years protection). Interim extensions, from 1965 on, protected works while the new law was being formulated.

The current law protects works from the time of creation to 50 years after the author's death; in the case of co-authors, protection lasts until 50 years after the death of the last surviving author; for anonymous or pseudonymous, or works-for- hire, protection is for 100 years from creation or 75 years from publication, whichever comes first.

Provisions for extended copyright coverage for works that might have gone into public domain are reflected in the breakdowns below. (Note: There are exceptions for specific works, those of Mary Baker Eddy for instance, passed by congressional law.) The Copyright Office will examine the status of a work for a fee and also permits personal on-site searches. Most works fall within the standards given below.

Thus:

  1. Copyrighted (published) before September 19, 1906

    2. - in permanent public domain in the U.S.
  2. Copyrighted (published) between Sept. 19, 1906 - Dec. 31, 1949

    3. some ramifications exist with removal of requirement to officially renew, passed in 1992; assume renewal)
    - if not renewed: expiration 28 years after date first secured
    - if renewed: copyright lasts 75 years from end of year secured
    Examples:
    copyright 1907 + 75 = copyright expiration end of 1982
    copyright 1924 + 75 = copyright expiration end of 1999
    (thus: public domain in 2000 if published before 1925, unless covered by a special act of congress) copyright 1949 + 75 = copyright expiration end of 2024
  3. Copyrighted (published) between Jan. 1, 1950 - Dec. 31, 1977

    4. - if not renewed: expiration 28 years after date first secured (but you're safer to assume renewal)
    Examples:
    copyright 1950 + 28 = copyright expiration end of 1978
    copyright 1977 + 28 = copyright expiration end of 2005
    - if renewed: expiration 75 years from end of year first secured
    Examples:
    copyright 1950 + 75 = copyright expiration end of 2025
    copyright 1977 + 75 = copyright expiration end of 2052
  4. Copyrighted after January 1, 1978

    5. - copyright expires 50 years after death of author or last living co-author.

What Is Copyright?

A copyright is actually a group of five basic rights, sometimes overlapping: Reproduction; Adaptation; Distribution; Performance; Display.

Note: even if works were "created" long ago, they are not in public domain if not previously published--thus, "lost works" of nineteenth century writers are not automatically in public domain--permission from heirs must be secured for publication.

It is not necessary to register manuscripts. Works created today are automatically protected by copyright, even if not published. Registration with the copyright office is a formality that is necessary only if legal actions are to be initiated.

Form TX is for published and unpublished non-dramatic works (text); form PA is for published and unpublished works of the performing arts; form VA is for visual arts, such as photographs, illustrations, or paintings. The fee, as of July 1999, is $30 for a book or group of articles.

This broad overview of a complex law covers the basics; it should not be considered in lieu of legal advice; there are numerous exceptions and qualifications. For a copy of the Copyright Law (or numerous pamphlets that explain it) write to:

 Register of Copyrights
Library of Congress
101 Independence Ave. S.E.
Washington DC 20559-6000

Form Hotline (202-707-9100)
Public Information Office (202-707-3000)
Web site (http://lcweb.loc.gov/copyright/).

- copyright © 1999 Gloria T. Delamar
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