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When Works Pass into the Public Domain

revised 10/1999 concerning musical compositions

revised 1/2003 concerning unpublished works

revised 8/2003 recognizing China acceptance into WTO

clarifications added 2005 and 2006

  Public Domain refers only to rights status in the United States. There are circumstances where rights may still be observed in other countries. And certain items published with rights in the United States are public domain in Berne countries.
Date of Work Protected From Term
Created 1978 or after, in US, or registered by foreign author in US When work is fixed in tangible medium of expression Life +70 years (or, if work is of corporate authorship, the lesser of 95 years from publication, or 120 years from creation)
Created 1978 or after by author in Berne or WTO country, but not registered for US protection When work is fixed in tangible medium of expression The period of protection granted in author's country, but not to exceed the current statutory US limit (see above)
Published or registered in US prior to 1925 Now in public domain None
Created prior to 1925 by foreign composer and not otherwise "first published" in the US. Now in public domain None (see note 3 below)
"first published" in US 1925 - 1963 (see note 1 below) When published with notice © 95 years - unless was not timely renewed prior to completion of a 28 year initial term, now in public domain
"first published" in US 1964 -1977 (see note 1 below) When published with notice © 95 years- periodic renewals not required for continued protection
Published in US 1925 - 1977. (see note 1 below) When published without notice, entered public domain automatically. None (except certain works with valid foreign copyrights may still be protected, see below)
Work of foreign authorship created 1925 - 1977 not otherwise eligible for US registration because of the "first published" rule or published in US without permission. (Berne or WTO countries only.) January 1, 1996 (see note 2 below) The period of protection granted in author's country but not to exceed either life + 50 years or 75 years from creation. (See Uruguary Round Agreement), not subject to "Sonny Bono" law revision) (see note 2 below)
Work of foreign authorship created after 1924 in any non-Berne or non- WTO country (ie pre-1992 Chinese works) public domain note however that rights could potentially be restored by future treaty.
Created before 1978 but never published, or registered before 1978 using a phonorecord as the evidence of publication. January 1, 1978 Life + 70 years or 12-31-2002, whichever is greater. See "Publish or Perish" for details.
Author died before [current year less 69] and work never published public domain None
Created before 1978 but first published between then and 12-31-2002 (note 1) January 1, 1978 Life + 70 years or 12-31-2047, whichever is greater
Any work intentionally placed into the public domain by the author (must be documented) Now in public domain None

note 1: Publication of music compositions means a printed and distributed score. Mere performance, or a phonorecord does not constitute publication for any purpose. Pre-1978 registrations granted using a phonorecord as the evidence of publication are defective (however such compositions may be protected against future infringements by obtaining registration as an unpublished work if the original author did not die prior to 1933.)

note 2: Rights previously granted for "arrangements" on the original compositions become infringing on January 1, 1996. When the rights restored to the original author finally expire, the arrangement registrations will be re-instated for their remaining term of protection, if any. As a practical matter the Sonny Bono law is only effective for original registrations that were created by publication in the USA. The Sonny Bono law does not apply to restored rights after the work falls out of copyright in the home country [ie no WTO/Berne country recognizes "life plus 95"].

note 3: Rights for EU composers are life plus 70 without US registration, but authors in other Berne countries have life plus 50, so they could benefit from a US registration.

Originally Prepared by Laura N. Gasaway
(Last update December 1996)

Subsequent Revisions by Larry O. Dean,

Last updated October 5, 2006

The format of this chart will be valid until 2019 unless of course Congress makes more changes.

Note: if you find a situation that does not fit in this grid, please notify Larry O. Dean with particulars, Thanks

 

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