Copyright protection helps secure your creative work, but the duration of copyright can be unclear. You might lose control over your intellectual property if you don’t know how long your creations are protected.
Understanding copyright duration allows you to make better decisions about your work’s future and ensure that your rights are safeguarded for as much time as possible.
This article explains how long a copyright lasts under current laws so you can safeguard your creations properly.
- Copyright for individual works lasts for the author’s lifetime plus 70 years, allowing heirs to benefit from the work for a significant term of protection.
- Corporate works receive a longer copyright term of 95 years from publication or 120 years from creation to protect business investments.
- The Sonny Bono Copyright Term Extension Act of 1998 extended the term of copyright by 20 years, aligning U.S. laws with European standards.
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How Long Does Copyright Last?
Under U.S. copyright law, 17 U.S. Code § 302, the standard length of copyright protection is the life of the author plus 70 years. This means a work stays protected for 70 years after the author’s death, allowing their heirs to benefit for an extended validity period.
The duration may differ for other types of authorship, such as corporate authors or works made for hire.
Copyright Duration for Individual Works
For works created by individual authors, copyright protection lasts for the author’s lifetime plus 70 years. While the creator is alive, they hold full control over the copyright, and their rights remain valid for this entire period.
After the author passes away, the copyright continues to protect the work for 70 more years, during which the author’s estate or designated heirs manage and control its use.
Here are some examples:
- The Estate of J.R.R. Tolkien manages the rights to works like The Lord of the Rings and The Hobbit. They control adaptations, new publications, and derivative works, ensuring that Tolkien’s creations are used properly in films, games, and other media.
- The Estate of Dr. Seuss (Theodor Geisel) oversees his beloved children’s books, including adaptations like The Lorax and Horton Hears a Who. They manage rights for films, merchandising, and educational use.
- The Estate of Michael Jackson holds the rights to his music, likeness, and intellectual property, managing licensing for music in commercials, films, and other media, along with posthumous projects like the This Is It concert film.
- The Estate of Pablo Picasso manages the reproduction and distribution of his artwork. His heirs make decisions regarding exhibitions, reproductions, and licensing agreements for his works.
- The Estate of Elvis Presley manages the licensing of his music, image, and likeness. They also operate Graceland, his former home, as a major tourist attraction while controlling the use of his intellectual property in various media and merchandise.
Once the 70-year period after the author’s death ends, the work enters the public domain. This means anyone can use, reproduce, or distribute the work without needing permission or paying royalties.
For instance, the works of F. Scott Fitzgerald are now in the public domain, allowing free public use.
Copyright Duration for Joint Works
For joint works, where two or more authors collaborate on a single creation, copyright lasts for 70 years after the last surviving author’s death. This means the copyright term is determined by the death of the last contributor, regardless of when the work was created or published.
If two authors co-write a book and one dies 20 years before the other, the copyright lasts until 70 years after the second author’s death. This protects both contributors’ rights and allows their estates to manage the work for the full term.
Copyright Duration for Works Created by Corporations (Work for Hire)
For works created by corporations or under “work for hire” agreements, copyright lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.
This longer duration is given to corporate works because companies often make substantial investments in developing these creations, such as films, software, or branding materials.
Since no single individual’s lifespan is tied to the work, the extended timeframe ensures that corporations can retain exclusive rights over their creations for a longer period.
This prolonged protection allows businesses to prevent infringement, recover their investments, and generate profits over time, which is especially important for large productions or ongoing franchises.
Can Copyright Be Renewed?
No, under current U.S. law, copyright cannot be renewed.
Before the Copyright Act of 1976, works were subject to a renewal system.
Works published before 1978 were originally granted 28 years of protection, with the option to renew for an additional 28 years, totaling 56 years. If the author or their estate did not renew, the work would enter the public domain after the initial term.
The Copyright Act of 1976 changed this by extending the copyright term to the life of the author plus 70 years for individual works and providing longer terms for corporate authorship.
As a result, works created after January 1, 1978, do not require renewal of copyright and are automatically protected for their full term, simplifying copyright management for creators and their heirs.
Can Copyright Be Extended?
Yes, copyright can be extended, but only through changes in the law.
One key example is the Sonny Bono Copyright Term Extension Act of 1998, which extended the copyright term by 20 years.
This law increased protection for individual works to 70 years after the death of the creator and extended corporate works to 95 years from publication or 120 years from creation.
This change was made to align U.S. copyright law with European standards and to provide additional protection for creators and their estates.
Some well-known works that benefited from this extension include:
- Mickey Mouse
- Original Work: Steamboat Willie (1928)
- Original Expiration: Copyright would have expired in 1984 (56 years after creation under the law at the time).
- Extension: The 1998 Act extended the copyright on works created before 1978 by 20 years, keeping Mickey Mouse’s early films under copyright until 2024.
- Gone with the Wind by Margaret Mitchell
- Original Work: Published in 1936.
- Original Expiration: This literary work would have entered the public domain in 1992 under earlier laws.
- Extension: The 1998 Act delayed its public domain entry until 2031.
- Winnie-the-Pooh by A. A. Milne
- Original Work: First published in 1926.
- Original Expiration: Set to expire in 1982.
- Extension: Legislative changes extended its copyright until January 1, 2022, when the first Winnie-the-Pooh stories finally entered the public domain.
Can Copyright Be Shortened?
Yes, copyright can be shortened under specific circumstances, allowing works to enter the public domain earlier than expected. While this is rare, it is an option that effectively removes the limit on public use of the work.
One way this can happen is if the copyright holder voluntarily dedicates the work to the public domain. This occurs when the creator or rights holder formally waives their copyright, allowing anyone to use the work freely.
For instance, some creators use tools like Creative Commons licenses to release their works for free use, which effectively shortens the copyright duration.
Additionally, works could enter the public domain early if the copyright owner failed to meet certain legal requirements, such as renewal or registration with the U.S. Copyright Office for works created before the Copyright Act of 1976.
However, this is no longer an issue for works created after 1978, as they receive automatic protection under current law.
What Happens When Copyright Expires?
When copyright expires, the work enters the public domain. This means anyone can use, reproduce, distribute, or adapt the work without needing permission or paying royalties to the original creator.
Works in the public domain are freely accessible to individuals, companies, educators, and artists for various purposes.
For example, classic novels like Pride and Prejudice by Jane Austen and Moby-Dick by Herman Melville are in the public domain. This allows for unlimited adaptations, reprints, and educational uses without restrictions.
The transition of work into the public domain increases access to cultural heritage, enabling it to be shared and built upon freely.
This aspect of copyright law ensures that while creators are protected for a period, their works eventually become available to the public for broader use and enjoyment.
Frequently Asked Questions
How long is the longest copyright?
The longest copyright duration is 95 years from publication or 120 years from creation for corporate works.
Can a copyright be shortened voluntarily?
Yes, a copyright can be voluntarily shortened if the creator waives their rights or uses licenses like Creative Commons.
Can you use a copyrighted work without permission if the creator has died?
No, the work remains under copyright for 70 years after the creator’s death, during which their estate controls the rights.
What happens to copyright when a work is unpublished?
Unpublished works still receive copyright protection for the life of the author plus 70 years under U.S. law.
Does copyright apply to international works in the same way?
Copyright laws vary by country, but international treaties harmonize protections in many regions.
Does copyright protection apply to anonymous and pseudonymous works?
Yes, copyright protection for anonymous and pseudonymous works lasts for 95 years from publication or 120 years from creation, whichever is shorter.
