Let’s Get This Straight – Copyright Duration
The best answer to how long a copyright lasts is usually… “it depends.” This is because more goes into determining how long a particular copyright is held, whether royalties are owed for use, whether a particular thing is in the public domain and more. There are few simple answers to the question, and even when you think you might have the answer, it’s a good idea for your patent attorney or other lawyer to look further, if the matter is of importance to you.
Still, there are a few guidelines that can help you determine the status of a particular copyright, as long as you have the right information.
Created On January 1, 1978, Or Anytime After
Works falling under this creation period are considered copyright protected from the moment they are created. This is an automatic process, not involving copyright applications or anything of the sort. The work exists, so the work is protected for the duration of the author’s lifetime, plus 70 years after the death of the author or creator. Various other time limits (after death) may apply for work-for-hire and the work of joint authors.
Created Before January 1, 1978; Not Registered or Published
Basically, the same standards of copyright protection exists for these items as for those published on or after this date. They were automatically granted protection, even to the times that the copyright protection lasts after the original author or creator has died.
Created Before January 1, 1978; Registered or Published
According to pre-1978 law, the copyright on creative works did not go into effect until the work was published, or registered. The copyright originally lasted for 28 years, after which point the author could request an extension. There are a number of different extensions available, lasting various through various time limits—one of the reasons figuring out copyright is sometimes so confusing.
For just general knowledge, or for your own work, copyright is relatively simple. If however, you are seeking knowledge so that you can reprint or reuse something, digging a little deeper might serve you best.
Contact your Patent Attorney to learn more.