What Happens When Copyright Expires?

Copyright grants exclusive legal rights to creators over their original works, ranging from literature and music to films and artwork. These rights prevent others from using the work without permission, thereby safeguarding the creator’s ability to profit from it. 

However, copyright protection doesn’t last forever. 

But what exactly happens when copyright expires, and what does that mean for creators, consumers, and businesses?

In this article, we’ll discuss the legal implications of copyright expiration and the options available for reusing or renewing works that have lost their copyright protection.

How Long Does Copyright Protection Last?

The length of copyright protection depends on several factors, including the type of work, when it was created, and the legal jurisdiction governing it. Let’s explore the duration of copyright protection based on the U.S. Copyright Law. 

Copyright Duration for Works Created on or After January 1, 1978

For works created on or after January 1, 1978, copyright duration is governed by Section 302 of Title 17 of the U.S.C. 

For individual authors, copyright protection lasts for the author’s life plus 70 years after the author’s death of the creator. This ensures that after the creator’s death, their estate or heirs can benefit from the work for several decades.

For example, if a novelist publishes a book in 1990 and dies in 2020, the copyright would last until 2090.

For joint works with two or more authors, the copyright lasts for 70 years after the death of the last surviving author. This provision ensures that all contributing authors’ interests are protected throughout their lifetimes and beyond.

For instance, if two co-authors publish a book, one dies in 2020 while the other dies in 2030, the copyright protection would continue until 2100.

For works made for hire, anonymous and pseudonymous works, the duration of the copyright is either 95 years from the date of first publication or 120 years from the date of creation, whichever is shorter.

This applies to works created under contract, such as software developed by a company or works where the author remains anonymous or uses a pseudonym. For example, if a company published a software program in 1990, the copyright would last until 2085 (95 years from publication).

Copyright Duration for Works Created and Published Before January 1, 1978

The rules for works created before January 1, 1978, are more complex due to the evolution of U.S. copyright law.

Before the 1976 Copyright Act, which took effect in 1978, copyright protection was governed by the 1909 Copyright Act. Under the 1909 Act, works were granted an initial copyright term of 28 years from the date of first publication.

For example, a book published in 1950 would have had a copyright term lasting until 1978 (28 years).

After this initial term, copyright holders could apply for a renewal term. The 1976 Copyright Act extended the renewal period to an additional 67 years, bringing the total duration of copyright protection to 95 years.

For instance, if a book published in 1950 were renewed after the initial term, its copyright would now last until 2045 (95 years in total).

The renewal term system was eliminated for works created on or after January 1, 1978. These works now enjoy a single term of protection, as outlined under current copyright law.

Special Cases: Unpublished Works

Unpublished works received special consideration under the 1976 Copyright Act. As of January 1, 1978, these works were granted protection, regardless of whether they had been previously registered for copyright. The duration of protection for unpublished works depends on the author’s identity.

For individual authors, unpublished works are protected for the author’s life plus 70 years, just like published works. For anonymous, pseudonymous, or works made for hire, the protection lasts for 120 years from the date of creation or 95 years from the date of publication, whichever is shorter.

International Considerations: The Berne Convention

Whether your work is subject to copyright protection is also influenced by international treaties, particularly the Berne Convention for the Protection of Literary and Artistic Works. The U.S. joined the Berne Convention in 1989, establishing a minimum standard for copyright protection of the author’s life plus 50 years.

While many countries have extended protection to longer durations, such as the U.S. standard of life plus 70 years, the Berne Convention ensures that works are safeguarded internationally, even if different rules apply in various jurisdictions.

How Do I Know if a Work’s Copyright Has Expired?

Copyright laws have evolved, and the rules for determining the expiration of copyright vary depending on when and where the work was created. Additionally, different types of works, such as individual creations, joint authorships, or works made for hire, may be subject to different durations of protection.

Here are some of the key methods to find out if a work’s copyright has expired:

1. Check the Date of Creation and Publication

The most straightforward way to determine if a copyright has expired is by examining the creation date or publication.

For works created after January 1, 1978, copyright generally lasts for the author’s life plus 70 years.

For works created before that date, especially under the 1909 Copyright Act, the term might have been shorter, often 28 years, with the possibility of renewal. If a work was published before 1924, it has likely entered the public domain in the U.S. due to the expiration of copyright.

2. Consult the U.S. Copyright Office

The U.S. Copyright Office provides tools and databases that allow you to search for copyright information. You can use their online public catalog to check registration and renewal records.

For older works, especially those created before 1978, you might need to request records manually or use specialized resources to determine if a copyright was renewed or if it has expired.

3. Determine the Type of Work

Different types of works, such as individual creations, joint works, anonymous or pseudonymous works, and works made for hire, all have varying durations of copyright protection. Understanding the nature of the work can help you assess whether the copyright has expired.

For example, anonymous and works made for hire may be protected for 95 years from publication or 120 years from creation, whichever is shorter.

4. Research International Copyright Laws

Copyright duration is not the same across all countries. International treaties, such as the Berne Convention, set minimum standards, but different countries may have longer or shorter protection periods.

If a work was created or published internationally, you’ll need to research the copyright laws of the relevant jurisdiction to determine if the work’s protection has expired.

What Happens to a Work When Its Copyright Expires?

When a work’s copyright expires, it enters the public domain, meaning it is no longer protected by copyright law.

Once in the public domain, the work can be freely used, copied, distributed, adapted, or modified by anyone without the original creator’s permission or heirs’ permission. This transition allows the work to become a part of the shared cultural heritage, accessible for public use and creative reinterpretation.

There are several significant implications for works that enter the public domain:

In summary, when a work’s copyright expires, it opens up many possibilities for free use, creative expression, commercial ventures, and cultural preservation, enriching the public domain and creating new opportunities for innovation.

Can a Copyright Be Renewed After It Expires?

No, a copyright cannot be renewed once it has expired. Once a work enters the public domain due to expired copyright, it remains there permanently, and no new copyright can be applied to that work.

However, under earlier U.S. copyright law, specifically the 1909 Copyright Act, copyright holders could renew their copyright after the initial 28-year term, extending protection for an additional 67 years.

This renewal system was eliminated with the 1976 Copyright Act, which now provides a single, longer term of protection. Today, once a copyright term expires, the work permanently enters the public domain and cannot be re-copyrighted.

It’s important to note that while the original work cannot be copyrighted again, new adaptations, translations, or derivatives of the work can receive copyright protection if they meet the necessary criteria for originality.