Copyright Term and the Public Domain in the United States 1 January 2010 1 |
Never Published, Never Registered Works 2 |
Type of Work | Copyright Term | What was in the public domain in the U.S. as of 1 January 20103 |
Unpublished works | Life of the author + 70 years | Works from authors who died before 1940 |
Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship) | 120 years from date of creation | Works created before 1890 |
Unpublished works when the death date of the author is not known 4 | 120 years from date of creation 5 | Works created before 1890 5 |
Works Registered or First Published in the U.S. |
Date of Publication 6 | Conditions 7 | Copyright Term 3 |
Before 1923 | None | None. In the public domain due to copyright expiration |
1923 through 1977 | Published without a copyright notice | None. In the public domain due to failure to comply with required formalities |
1978 to 1 March 1989 | Published without notice, and without subsequent registration within 5 years | None. In the public domain due to failure to comply with required formalities |
1978 to 1 March 1989 | Published without notice, but with subsequent registration within 5 years | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
1923 through 1963 | Published with notice but copyright was not renewed 8 | None. In the public domain due to copyright expiration |
1923 through 1963 | Published with notice and the copyright was renewed 8 | 95 years after publication date |
1964 through 1977 | Published with notice | 95 years after publication date |
1978 to 1 March 1989 | Created after 1977 and published with notice | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
1978 to 1 March 1989 | Created before 1978 and first published with notice in the specified period | The greater of the term specified in the previous entry or 31 December 2047 |
From 1 March 1989 through 2002 | Created after 1977 | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
From 1 March 1989 through 2002 | Created before 1978 and first published in this period | The greater of the term specified in the previous entry or 31 December 2047 |
After 2002 | None | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
Anytime | Works prepared by an officer or employee of the United States Government as part of that person's official duties. 21 | None. In the public domain in the United States (17 U.S.C. ยง 105) |
Works First Published Outside the U.S. by Foreign Nationals or U.S. Citizens Living Abroad 9 |
Date of Publication | Conditions | Copyright Term in the United States |
Before 1923 | None | In the public domain (But see first special case below) |
Works Published Abroad Before 1978 10 |
1923 through 1977 | Published without compliance with US formalities, and in the public domain in its source country as of 1 January 1996 (but see special cases) 20 | In the public domain |
1923 through 1977 | Published in compliance with all US formalities (i.e., notice, renewal) 11 | 95 years after publication date |
1923 through 1977 | Solely published abroad, without compliance with US formalities or republication in the US , and not in the public domain in its home country as of 1 January 1996 (but see special cases) | 95 years after publication date |
1923 through 1977 | Published in the US less than 30 days after publication abroad | Use the US publication chart to determine duration |
1923 through 1977 | Published in the US more than 30 days after publication abroad, without compliance with US formalities, and not in the public domain in its home country as of 1 January 1996 (but see special cases) | 95 years after publication date |
Works Published Abroad After 1 January 1978 |
After 1 January 1978 | Published without copyright notice, and in the public domain in its source country as of 1 January 1996 (but see special cases) 20 | In the public domain |
After 1 January 1978 | Published either with or without copyright notice, and not in the public domain in its home country as of 1 January 1996 (but see special cases) | 70 years after death of author, or if work of corporate authorship, 95 years from publication |
Special Cases |
1 July 1909 through 1978 | In Alaska , Arizona , California , Hawaii , Idaho , Montana , Nevada , Oregon , Washington , Guam , and the Northern Mariana Islands ONLY. Published in a language other than English, and without subsequent republication with a copyright notice 12 | Treat as an unpublished work until such date as first US-compliant publication occurred |
Before 19 Aug. 1954 | Published by a Laotian in Laos 18 | In the public domain |
Between 18 Aug. 1954 and 3 Dec. 1975 | Published by a Laotian in Laos 18 | Use the US publication chart to determine duration |
Prior to 27 May 1973 | Published by a national of Turkmenistan or Uzbekistan in either country 19 | In the public domain |
After 26 May 1973 | Published by a national of Turkmenistan or Uzbekistan in either country 19 | May be protected under the UCC |
Anytime | Created by a resident of Afghanistan , Eritrea , Ethiopia , Iran , Iraq , or San Marino , and published in one of these countries 13 | Not protected by US copyright law until they become party to bilateral orinternational copyright agreements |
Anytime | Works whose copyright was once owned or administered by the Alien Property Custodian, and whose copyright, if restored, would as of January 1, 1996 , be owned by a government 14 | Not protected by US copyright law |
Anytime | If published in one of the following countries, the 1 January 1996 date given above is replaced by the date of the country's membership in the Berne Convention or the World Trade Organization, whichever is earlier:
Andorra, Angola, Armenia, Bhutan, Cambodia, Comoros, Jordan, Korea, Democratic People's Republic, Micronesia, Montenegro, Nepal, Oman, Papua New Guinea, Qatar, Samoa, Saudi Arabia, Solomon Islands, Sudan, Syria, Tajikistan, Tonga, United Arab Emirates, Uzbekistan, Vietnam, Yemen | |