How Long Does Copyright Protection Last?

Copyrights don't last forever. Eventually, copyrights expire and the works enter the public domain. Figuring out when copyrights end (or ended) can seem complicated, but there are some basic rules you can follow.

Basic Rules for the Length of Copyright

Here are two rules of thumb for determining how long a copyright lasts:

• For works published before January 1, 1978, the term is 95 years from publication.
• For works created on or after January 1, 1978, the term is the life of the author (creator) plus 70 years.

In other words, the copyright for most works will expire and the work will enter the public domain either 95 years after publication or 70 years after the death of the author.

But there are special rules for certain types of works, including:

• works made for hire
• works with more than one creator (joint works)
• works published before 1964
• musical recordings, and
• unpublished works.

Pre-1978 Works: Into the Public Domain After 95 Years

Works published prior to January 1, 1978 go into the public domain 95 years after publication. But you don't need the exact publication date to know when the copyrights on these works end.

Beginning in 2019, on January 1st of each year, the copyrights on all works published in the year 95 years earlier expire, and those works go into the public domain. In other words:

• On Jan. 1, 2019, works published in 1923 went into the public domain.
• On Jan. 1, 2020, works published in 1924 went into the public domain.
• On Jan. 1, 2021, works published in 1925 went into the public domain.
• On Jan. 1, 2022, works published in 1926 went into the public domain.
• On Jan. 1, 2023, works published in 1927 went into the public domain.

And so on, until January 1, 2073, when all works published in 1977 go into the public domain.

Again, works created after 1977 are not on a 95-year schedule, but instead enjoy copyright protection for the life of the author plus 70 years.

Exception to the 95-Year Rule: Works Published Before 1964

If a work was published less than 95 years ago but before 1964, the copyright needed to be renewed by the copyright owner after the first 28 years. If the copyright wasn't renewed, it expired after the initial 28-year term. If the copyright was renewed, it will expire 95 years after publication.

In 1992, Congress made renewal automatic, meaning that copyrights in works published between 1964 and 1977 were automatically renewed.

How to Determine Renewal Status of Works Published Before 1964

How can you tell if a work published less than 95 years ago but before 1964 was renewed? Sometimes a republication of a work will contain a renewal notice along with the with the copyright notice. For example, a paperback edition of Shelby Foote's 1952 novel Shiloh contained the following notice:

Copyright © 1952 by Shelby Foote

Copyright renewed 1980 by Shelby Foote

But most pre-1964 publications don't contain a renewal notice, which means you need some other way of determining whether the copyright was renewed and the copyright is still in effect.

Copyright Title Searches

The Copyright Office maintains records of registrations and renewals. You can search the records yourself, o you can pay a service to do it for you.

Registration and renewal records since 1978 are online at https://cocatalog.loc.gov/. Records before 1978 are found in online catalogs arranged by year.

Search Services

The Copyright Office will do registration and renewal searches at a cost of $200 per hour, with a minimum of two hours (meaning a minimum cost of $400). They also do expedited searches at a minimum of $1,000.

Private search services such as Durationator offer less expensive renewal searches.

Special Rules for Music Recordings

Before February 15, 1972, federal copyright law didn't protect sound recordings. In 1971, Congress amended the copyright law to provide federal copyright protection for sound recordings first published with a statutory copyright notice on or after February 15, 1972.

In October 2018, Congress passed the Music Modernization Act. This Act extended copyright protection to pre-1972 recordings as follows:

• For recordings first published (released) prior to 1923, the copyright has expired and the recording is in the public domain.
• For recordings first published between 1923 and 1946, the copyright period is 95 years from publication plus an additional 5 years.
• For recordings first published between 1947 and 1956, the copyright period is 95 years from publication plus an additional 15 years.
• For all remaining recordings first published prior to February 15, 1972, the copyright period will end on February 15, 2067.

For more information on the Music Modernization Act, see the U.S. Copyright Office's site.

Works Created on or After January 1, 1978

The Copyright Act of 1976 radically changed the way works are copyrighted and how the duration of copyright is determined. Beginning January 1, 1978, a work is copyrighted when it is created, not when it's published. For works created on or after January 1, 1978, including published and unpublished works, the term of copyright is one of the following:

• For one author, the work is copyright-protected for the life of the author plus 70 years.
• For joint authors, the work is protected for the life of the last surviving author plus 70 years.
• For works made for hire, the work is protected for 95 years from the first publication or 120 years from the date of its creation, whichever is less.
• For works that are published anonymously or under fictitious names, the work is protected for 95 years from the first publication or 120 years from the date of its creation, whichever is less. (However, if the author's name is disclosed to the U.S. Copyright Office, the work is protected for the life of the author plus 70 years.).

Copyright Status Based on Year of Publication or Creation

Based on the rules explained above, you can determine the copyright status of many works based on the year of publication or creation.

1. Works published more than 95 years ago. Copyright has expired; the work is in the public domain.
2. Works published from 95 years ago through 1963. The work is still copyrighted, if the copyright owner renewed the copyright at the end of the initial 28-year term. If the copyright wasn't renewed, it has expired and the work is in the public domain. If the copyright was renewed, it will last for 95 years from publication.
3. Works published from 1964 through 1977. The work is copyrighted, and the copyright will last for 95 years from publication.
4. Works created on or after January 1, 1978. The work is copyrighted and the copyright will last as described above—generally for the life of the author plus 70 years.

More Information

For an in-depth explanation of copyright duration and how to take advantage of public domain works, read The Public Domain: Find and Use Free Content for Your Website, Book, App, Music, Video, Art, and More.