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Article ID: 37542
Title: How Long Does a Copyright Last?
By: Dachary Carey

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How Long Does a Copyright Last?

how long does a copyright last

How long does a copyright last? The length of a copyright depends on several factors, so make sure you evaluate applicable copyright law to your situation.

Copyright duration post-1978.
Post January 1, 1978, any work automatically becomes the copyright of the creator from the moment of its creation. The duration of this copyright is for the length of the author’s lifetime, plus 70 years. Any changes to copyright for works created after January 1, 1978, are on a case-by-case basis and depend on the individual circumstances, including any contracts or agreements between the author and a third party.

Copyright duration pre-1978.
Prior to January 1, 1978, length of copyright depends on when the copyright was registered. If a work was created before 1978 but not registered, it falls under the same copyright laws as post-1978 copyrighted works. However, if it was created and registered prior to 1978, different copyright rules apply.

Prior to 1978, you could copyright a published work or register an unpublished work. Copyrighting a published work covered the work for 28 years. Depending on the circumstances, you could apply to renew your copyright at the end of the 28-year term. Different clauses in copyright law pre-1978 permitted people to register copyrights for up to 95 years, but the specifics vary depending on which legal clause your copyrighted work falls under.

Copyright on works-for-hire, anonymous works and works under a pseudonym.
While works-for-hire, anonymous works and works under a pseudonym are all different categories for the purposes of copyright law, they’re all governed by the same time limits. Any works that fall into these three categories are protected under two different rules: 95 years after they’re published, or up to 120 years from when they’re created. The applicable rule under copyright law is whichever term is shorter.

Copyright laws change over time.
The big change in calculating copyright in 1978 is a prime example of the fact that copyright laws change over time. The Copyright Term Extension Act of 1998, which extended copyright protection to 70 years after the author’s death, is another controversial piece of legislation that earned supporters and detractors alike. The bottom line is that copyright law can change, and current copyright protection may not apply if copyright law undergoes a revision. Additionally, copyright laws are not universal; the United States has different copyright laws from other nations. American copyright laws do not apply in other countries, and vice versa.

Know the copyright laws, or risk copyright violations.
If you don’t know how long a copyright lasts, you may be subject to copyright violations. For example, if you create a work for hire and don’t know that copyright protection on work-for-hire projects lasts for 95 years, you could be committing copyright violations if you proceed to sell it or use the work yourself prior to the end of the copyright protection. Familiarize yourself with the specific laws governing the piece you’re using so you can avoid copyright violations.