The copyright duration in the United States is governed by the Copyright Act of 1976, as amended. The duration of copyright protection varies depending on when the work was created and whether it was created by an individual or a corporate entity.
Works created by individuals: For works created by individual authors, copyright protection generally lasts for the life of the author plus 70 years after his death. If there are multiple authors, the duration is calculated based on the last surviving author.
Works of corporate authorship: For works created by corporations or other organisations, copyright duration is typically 95 years from the year of first publication or 120 years from the year of creation, whichever is shorter.
Works published before 1978: For works published before January 1, 1978, the duration of copyright varies. Generally, the copyright term is 95 years from the date of publication. However, if the work was not published, the term may differ.
Anonymous or pseudonymous works: For anonymous works or works published under a pseudonym, the copyright duration is 95 years from the year of first publication or 120 years from the year of creation, whichever is shorter.
Works created but not published or registered: For works created but not published or registered with the US Copyright Office, the copyright duration is the same as for published works, depending on the year of creation.
It is important to note that copyright terms have undergone changes over time due to various legislative acts. Works created prior to specific dates may have different copyright terms. Additionally, the duration of copyright for certain types of works, such as works created for hire or certain government works, may have different rules.
You can learn more about this topic and relevant case law with our exam-focused Intellectual Property notes.
