Can You Renew Copyright? Here’s What You Need to Know Today!

When your creative work’s copyright expires, it can be confusing to know what happens next.

You might worry about losing control over something you’ve spent years building. The thought of others profiting from your work once its protection ends can be frustrating.

Thankfully, in some cases, renewing copyright is an option. Let’s walk through how it works, including details on the duration of copyright and what steps you can take to maintain control over your creations.

What Is Copyright Renewal?

Copyright renewal extends the protection of a work after its original copyright period has expired.

In the past, U.S. copyright laws allowed authors or rights holders to renew their copyright, giving them more time to control the use and distribution of their works. This was especially important under older versions of U.S. copyright law when terms were much shorter than they are now.

Before the 1976 Copyright Act, works were typically granted 28 years of protection.

After that, the length of copyright was extended if the holder renewed it for an additional 28 years. If they didn’t, the work would enter the public domain, meaning anyone could use or distribute it freely.

The goal of copyright renewal was to allow creators to benefit longer from their work, mainly if it gained value over time. This applies to works published before 1978.

However, with the Copyright Act of 1976, renewal for works published after January 1, 1978, was no longer required. Now, these works automatically receive protection without needing formal copyright renewal.

Can You Renew Copyright Today?

No, copyright renewal is not required for works created on or after January 1, 1978.

Under current U.S. copyright law, these works receive automatic copyright protection for the life of the author plus 70 years after the death of the creator, as established by the 1976 Copyright Act and extended by the Copyright Term Extension Act of 1998. So, there’s no need for renewal to keep the copyright duration intact.

However, exceptions exist for works published before January 1, 1978. The original system required renewal to extend copyright, and if the initial 28-year term hasn’t expired, a renewal can still be filed under 17 U.S.C. § 304 to add 67 years of protection.

For works published between 1964 and 1977, the 1992 Copyright Renewal Act eliminated the need for formal renewal filing, automatically extending copyright by 67 years for a total term of 95 years from publication date.

In contrast, works published before 1964 still required a formal renewal filing to secure additional protection. If not renewed, these works entered the public domain, allowing free use.

Additionally, some categories—such as “works made for hire” or works by organizations—may have specific copyright duration or conditions depending on the nature of the work and any agreements in place.

Who Can File Copyright Renewal?

Certain parties may file, as per copyright rule guidelines, when renewal is possible within the designated renewal term.

These parties must follow the guidelines set by the copyright law, which include submitting the required paperwork to the U.S. Copyright Office within the designated renewal period. Failure to file correctly or on time could result in the work entering the public domain.

Authors

The original author of the work is typically the primary party eligible to renew the copyright. If the author is alive at the end of the initial copyright term, they can file to extend protection.

Heirs or Legal Representatives

If the author has passed away, heirs or legal representatives can apply for renewal. Heirs are generally direct family members, such as spouses, children, or estate administrators.

Legal representatives, like an executor of the author’s estate, may also file if authorized. All filing requirements and deadlines outlined in Title 17 Section 304 of the Copyright Act must be met.

Organizations or Entities

If the work was created by a company or under a contract, such as a work-for-hire agreement, the entity holding the copyright can file for renewal.

For example, a company that owns the rights to a work created under a work-for-hire arrangement would have the right to renew the copyright. Additionally, if the rights have been transferred to a third party, that party can file for renewal.

How to Renew Copyright for Pre-1978 Works

If you need to renew the copyright for a work created before January 1, 1978, there is a specific process to follow. Here’s a step-by-step guide to help you through the renewal procedure:

Step 1: Verify Eligibility

First, make sure the work is eligible for renewal. Only works published before January 1, 1978, can be renewed, and you’ll need to confirm that the copyright hasn’t already expired. You can check the copyright status through the U.S. Copyright Office’s database or public records.

Step 2: Obtain the Correct Forms

To renew the copyright, you’ll need to fill out Form RE (Renewal of Copyright), which is available on the U.S. Copyright Office website. If you need help completing the form, the Copyright Office provides detailed instructions to guide you.

Make sure to include all necessary information, such as:

Step 3: Gather Supporting Documentation

You may need to provide additional documentation, especially if the renewal process is being done by heirs, legal representatives, or an organization now holding the copyright.

This could include items like death certificates, proof of transfer of rights, or other legal documents to confirm your eligibility to renew the copyright.

Step 4: Submit the Application and Fees

Submit Form RE along with any required documentation to the U.S. Copyright Office and pay the appropriate filing fee. Check the Copyright Office website for the latest fee rates.

You can submit your application:

• Online via the Electronic Copyright Office (eCO) system
• By mail to the U.S. Copyright Office (their address is listed on their website)

Step 5: Keep Records

After submitting your renewal, keep copies of all forms, receipts, and any communication with the U.S. Copyright Office. Once your renewal is approved, the Copyright Office will issue a certificate of renewal registration, confirming that the work is protected for an additional 67 years.

What Happens When Copyright is Not Renewed?

If a copyright renewal is not filed for eligible works published before January 1, 1978, the work will enter the public domain. This means anyone can use, copy, distribute, or modify the work without permission from the original creator or rights holders.

Once a work enters the public domain, the original author or their heirs lose the exclusive rights that previously protected the work. They can no longer control its use or collect royalties and licensing fees.

This loss of control can lead to missed financial opportunities, especially if the work gains popularity later.

When a work is in the public domain, it can be:

This may dilute the original creator’s connection to the work, as new versions or interpretations may be created without their involvement or approval.