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When Works Pass Into The Public Domain

Definition:  A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone.  The reasons that the work is not protected include:

(1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory formalities to perfect the copyright or (3) the work is a work of the U.S. Government.

Works Published Inside The United States

Date Protected From Work
Created 1-1-78 or after When work is fixed in tangible medium of expression Life + 70 years (or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation
Published before 1923 In public domain none
Published from 1923 - 63 When published with notice 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain
Published from 1964 - 77 When published with notice 28 years for first term; now automatic extension of 67 years for second term
Created before 1-1-78 but not published 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2002, whichever is greater
Created before 1-1-78 but published between then and 12-31-2002 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2047 whichever is greater

Works Published Outside The United States

Date Protected From Work
Created before July 1, 1909 In public domain None

 

Reproduced with permission from http://www.unc.edu/~unclng/public-d.htm

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