Circular 15a
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Duration of Copyright
Provisions of the Law Dealing
with the Length of Copyright Protection
Scope
This circular provides a general summary of the statutory provisions dealing
with duration of copyright under the Copyright Act of 1976, as amended June
26, 1992, and October 27, 1998.
Works Already Under Statutory Protection Before 1978
For works that had already secured statutory copyright protection before Janu-
ary 1, 1978, the 1976 law retains the old system for computing the duration of
protection, but with some changes.
Duration Under the Previous Law
Under the law in effect before 1978, copyright was secured either on the date a
work was published or on the date of registration if the work was registered in
unpublished form. In either case, the copyright lasted for a first term of 28 years
from the date it was secured. The copyright was eligible for renewal during the
last (28th) year of the first term. If renewed, the copyright was extended for a
second term of 28 years.¹ If not renewed, the copyright expired at the end of
the first 28-year term. The term of copyright for works published with a year
date in the notice that is earlier than the actual date of publication is computed
from the year date in the copyright notice.
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Effect of the Present Law on Length of Subsisting Copyrights
The old system of computing the duration of protection was carried over
into the 1976 statute with one major change: the length of the second term is
increased to 67 years.² Thus, the maximum total term of copyright protection
for works already protected by federal statute is increased from 56 years (a first
term of 28 years plus a renewal term of 28 years) to 95 years (a first term of 28
years plus a renewal term of 67 years).
The specific situation for works copyrighted before 1978 depends on whether
the copyright had already been renewed or was still in its first term on Decem-
ber 31, 1977.
2 15a.0104
2 · Duration of Copyright
Duration of Copyright · 3
Works originally copyrighted before 1950 and renewed
note: If the renewal registration is not made in the 28th year,
before 1978:³ These works have automatically been given
the renewal copyright will vest on the first day of the renewal
a longer copyright term. Copyrights that had already been
term in the party entitled to claim renewal as of December 31
renewed and were in their second term at any time between
of the 28th year.
December 31, 1976, and December 31, 1977, inclusive, do
not need to be renewed again. They have been automati-
2 The renewal certificate constitutes prima facie evidence as
cally extended to last for a total term of 95 years (a first term
to the validity of the copyright during the renewed and
of 28 years plus a renewal term of 67 years) from the end of
extended term and of the facts stated in the certificate.
the year in which they were originally secured. note : This
3 The right to use the derivative work in the extended term
extension applies not only to copyrights less than 56 years
may be affected.
old but also to older copyrights that had previously been
extended in duration under a series of Congressional enact-
For example, if an author dies before the 28th year of the
ments beginning in 1962. As in the case of all other copy-
original term and a statutory renewal claimant registers a
rights subsisting in their second term between December 31,
renewal within the 28th year, that claimant can terminate
1976, and December 31, 1977, inclusive, these copyrights will
an assignment made by the deceased author authorizing the
expire at the end of the calendar year in which the 95th anni-
exploitation of a derivative work. If a renewal is not made
versary of the original date of copyright occurs.
during the 28th year, a derivative work created during the
first term of copyright under a prior grant can continue to
Works originally copyrighted between January 1, 1950, and
be used according to the terms of the grant. Thus, an author
December 31, 1963: Copyrights in their first 28-year term
or other renewal claimant loses the right to object to the con-
on January 1, 1978, still had to be renewed in order to be
tinued use of the derivative work during the second term by
protected for the second term. If a valid renewal registration
failing to make a timely renewal, but any terms in the prior
was made at the proper time, the second term will last for 67
grant concerning payment or use, e.g., a royalty, must con-
years. However, if renewal registration for these works was
tinue to be honored. This exception does not apply to a new
not made within the statutory time limits, a copyright origi-
derivative work which can only be prepared with the consent
nally secured between 1950 and 1963 expired on December
of the author or other renewal claimant.
31st of its 28th year, and protection was lost permanently.
A renewal registration made after the 28th year will not
confer the benefits mentioned above but will confer other
Works originally copyrighted between January 1, 1964, and
benefits denied to unregistered works. For example, renewal
December 31, 1977: The amendment to the copyright law
registration establishes a public record of copyright owner-
enacted June 26, 1992, makes renewal registration optional.
ship in a work at the time that the renewal was registered.
The copyright is still divided between a 28-year original term
The courts have discretion to determine the evidentiary
and a 67-year renewal term, but a renewal registration is not
weight accorded a certificate of renewal registration when
required to secure the renewal copyright. The renewal vests
registration is made after the 28th year of the copyright term.
on behalf of the appropriate renewal claimant upon registra-
Renewal registration is a prerequisite to statutory damages
tion or, if there is no renewal registration, on December 31 of
and attorney’s fees for published works not registered for the
the 28th year.
original term.
In cases where no original registration or renewal reg-
The benefits to making a renewal registration during the
istration is made before the expiration of the 28th year,
28th year of the original term of copyright are:
important benefits can still be secured by filing a renewal
registration at any time during the renewal term. These
1 The renewal copyright vests in the name of the renewal
benefits would include, for example, statutory damages and
claimant on the effective date of the renewal registration.
attorney’s fees in any infringement suit for infringements
For example, if a renewal registration is made in the 28th
occurring after the renewal registration is made. Also, it is a
year and the renewal claimant dies following the renewal
requirement to get into court in certain circumstances under
registration but before the end of the year, the renewal copy-
section 411(a), and it creates a public record both to defend
right is secured on behalf of that renewal claimant and the
against innocent infringers and to facilitate easier licensing
67 years of renewal copyright becomes a part of that individ-
of the work.
ual’s estate.
Forms for renewal registration (Form RE) are available
from:
2 · Duration of Copyright
Duration of Copyright · 3
Library of Congress
made for hire, and for anonymous and pseudonymous works
Copyright Office
(unless the author’s identity is revealed in Copyright Office
Publications Section, lm-455
records), the duration of copyright will be 95 years from first
101 Independence Avenue, S.E.
publication or 120 years from creation, whichever is shorter.
Washington, D.C. 20559-6000
To speak to an information specialist, call (202) 707-3000
Works in existence but not published or copyrighted on
(tty: (202) 707-6737), Monday to Friday, 8:30 a.m. to 5:00
January 1, 1978: Works that had been created before the cur-
p.m., eastern time, excluding federal holidays. Recorded
rent law came into effect but had neither been published nor
information is available 24 hours a day. Order forms and
registered for copyright before January 1, 1978, automatically
other publications from:
are given federal copyright protection. The duration of copy-
right in these works will generally be computed in the same
Library of Congress
way as for new works: the life-plus-70 or 95/120-year terms
Copyright Office
will apply to them as well. However, all works in this category
Publications Section, lm-455
are guaranteed at least 25 years of statutory protection. The
101 Independence Avenue, S.E.
law specifies that in no case will copyright in a work of this
Washington, D.C. 20559-6000
sort expire before December 31, 2002, and if the work is pub-
or call the Forms and Publications Hotline 24 hours a day at
lished before that date the term will extend another 45 years,
(202) 707-9100. Most circulars (but not forms) are available
through the end of 2047.
via fax. Call (202) 707-2600 from a touchtone phone and
follow the prompts. Access and download circulars, forms,
and other information from the Copyright Office website at
Year-End Expiration of Copyright Terms
www.copyright.gov.
For further information about the time limits and other
The law provides that all terms of copyright will run through
requirements for renewal registration, write or call and
the end of the calendar year in which they would otherwise
request Circular 15, Renewal of Copyright. For specific infor-
expire. This affects the duration of all copyrights, including
mation about the extension of copyright terms for works
those subsisting in either their first or second term on Janu-
already under statutory protection before 1978, request Cir-
ary 1, 1978. For works eligible for renewal, the renewal filing
cular 15t, Extension of Copyright Terms.
period begins on December 31st of the 27th year of the copy-
right term.
Works Originally Created on and after
January 1, 1978
Termination of Grants
For works that are created and fixed in a tangible medium
As explained above, for works already under statutory pro-
of expression for the first time on and after January 1, 1978,
tection before 1978, the length of the renewal term has been
the Copyright Act of 1976 as amended in 1998 establishes a
increased to 67 years. This means that, in most cases, 39 years
single copyright term and different methods for computing
have been added to the end of a renewal copyright. The stat-
the duration of a copyright. Works of this sort fall into two
ute allows an author or specified heirs of the author to file
categories:
a notice terminating any grant of rights made by the author
and covering any part of that added period. This right to
Works created on or after January 1, 1978: For works created
reclaim ownership of all or part of the extended term is
after its effective date, the U.S. copyright law adopts the basic
optional; it can be exercised only by certain specified persons
“life-plus-seventy” system already in effect in most other
in accordance with prescribed conditions and within strict
countries. A work that is created (fixed in tangible form for
time limits.
the first time) after January 1, 1978, is automatically protected
It is possible to serve notice for copyrights that are nearly
from the moment of its creation and is given a term last-
76 years old. See 37CFR201.10, Notices of Termination
ing for the author’s life, plus an additional 70 years after the
(www.copyright.gov/title37/201/37cfr201-10.html) for further
author’s death. In the case of “a joint work prepared by two
information.
or more authors who did not work for hire,” the term lasts
for 70 years after the last surviving author’s death. For works
4 · Duration of Copyright
Special Points to Remember
note: Copyrights in certain foreign works whose U.S. copy-
right protection had been lost because of noncompliance
• Works Published or Copyrighted Before January 1, 1964:
with formalities of U.S. law were restored as of January 1, 1996,
Works published with notice of copyright or registered
under the provisions of the Uruguay Round Agreements Act
in unpublished form prior to January 1, 1964, had to be
(URAA). Such works may be registered using Form GATT. For
renewed during the 28th year of their first term of copy-
more information, request Circular 38b, Highlights of Copyright
right to maintain protection for a full 95-year term.
Amendments Contained in the Uruguay Round Agreements Act
• Works Originally Copyrighted Between January 1, 1964,
(URAA-GATT).
and December 31, 1977: These works are protected by
copyright for the 28-year original term and the 67-year
Endnotes
renewal term without the need of a first term or a renewal
1. For a number of copyrights, the second term was extended beyond 28
registration.
years by special legislation.
• Copyrights in their second term on January 1, 1978, were
2. Enactment of Public Law 105-298 extended the second 47-year term
automatically extended up to a maximum of 95 years,
an additional 20 years.
3. A special transitional situation arose with respect to first-term
without the need for further renewal.
copyrights that were originally secured in 1950 and that became eligible
• Works already in the public domain cannot be protected
for renewal during the calendar year 1977. If renewal registration was
under the 1976 law or under the amendments of 1992 and
made before January 1, 1978, the duration of the copyright was extended
to the full period of 75 years without the need for further renewal.
1998. The Act provides no procedure for restoring protec-
However, even if renewal registration was not made before January 1,
tion for works in which copyright has been lost for any
1978, renewal for the second 47-year term could be made under the 1976
reason.
law at any time between January 1, 1978, and December 31, 1978.
U.S. Copyright Office · The Library of Congress · 101 Independence Avenue, SE · Washington, DC 20559-6000 · www.copyright.gov
circular 15a print rev: 01/2004—30,000 web rev: 01/2004 Printed on recycled paper
u.s. government printing office: 2004-304-447/60,058
