1
This response is based on Laura N. Gasaway’s
chart, "WHEN WORKS PASS INTO THE PUBLIC DOMAIN," at http://www.unc.edu/~unclng/public-d.htm ,
"COPYRIGHT TERM FOR ARCHIVISTS," at
http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm, the
Prints and Photographs Division of the Library of Congress' "COPYRIGHT
AND OTHER RESTRICTIONS WHICH APPLY TO PUBLICATION AND OTHER FORMS OF
DISTRIBUTION OF IMAGES: SOURCES FOR INFORMATION" at
http://lcweb.loc.gov/rr/print/195_copr.html, Peter B. Hirtle, "Recent Changes To The Copyright Law: Copyright Term
Extension," Archival Outlook, January/February 1999; updated on 15 January 2003, and Marie C. Malaro, A Legal Primer On Managing
Museum Collections (Washington, D.C.: Smithsonian Institution Press, 1998):
155-156.
This chart gives general reference guidelines.
Please consult an attorney for answers to specific copyright
questions.
PUBLISHED WORKS
Time of Publication in
U.S.
Conditions
Public Domain Status
Before 1923
None
In
public domain
Between 1923 and 1978
Published without a copyright notice
In
public domain
Between 1978 and 1 March 1989
Published without notice, and without subsequent registration
In
public domain
Between 1978 and 1 March 1989
Published without notice, but with subsequent registration
70
years after death of author, or if work of corporate authorship,
the shorter of 95 years from publication, or 120 years from
creation
Between 1923 and 1963
Published with notice but copyright was not renewed
In
public domain
Between 1923 and 1963
Published with notice and the copyright was renewed 2
95
years after publication date
But fewer than 15% of
all registered copyrights of this time period were actually renewed
3
Between 1964 and 1978
Published with notice
70
years after death of author, or if work of corporate authorship,
the shorter of 95 years from publication, or 120 years from
creation
Between
1978 and 1 March 1989
Published
with notice
70
years after death of author, or if work of corporate authorship,
the shorter of 95 years from publication, or 120 years from
creation
After 1 March 1989
None
70
years after death of author, or if work of corporate authorship,
the shorter of 95 years from publication, or 120 years from
creation
UNPUBLISHED WORKS
Type of Work
Copyright Term
What is in the Public Domain effective 1.January 2003 in the U.S.?
Unpublished works
Life of the author + 70 years
Works from authors who died before 1933.
Unpublished anonymous and pseudonymous works, and works made for
hire (corporate authorship)
120
years from date of creation
Works created before 1883.
Unpublished works created before 1978 that are published before 1
January 2003
Life of the author + 70 years or 31 December 2047, whichever is
greater
Nothing. The earliest that the publications can enter the public
domain is 1 January 2048.
Unpublished works created before 1978 that are published after 31
December 2002
Life of the author + 70 years
Works of authors who died before 1933.
Unpublished works when the death date of the author is not known
4
2 A
guide to investigating the copyright and renewal status of published work
is Samuel Demas and Jennie L. Brogdon, "Determining Copyright Status for
Preservation and Access: Defining Reasonable Effort," Library Resources and
Technical Services 41:4 (October, 1997): 323-334.
3 A
1961 Copyright Office study found that fewer than 15% of all registered
copyrights were renewed. For textual material (including books), the figure was
even lower: 7%.
4 These works may
still be copyrighted, but certification from the Copyright Office is a complete
defense to any action for infringement.
5
Presumption as to the author's death requires a certified
report from the Copyright Office that its records disclose nothing to indicate
that the author of the work is living or died less than seventy years
before.
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