How Long Do Copyrights Last?

Although U.S. law states an "automatic copyright" applies once a work is created in a fixed medium, a formal copyright creates a public declaration of ownership for work of an artistic or intellectual nature. The following information is only a brief overview of the basics of obtaining a copyright.

Function of a Copyright

Title 17, U.S. Code provides the author of an original work, the right to reproduce or distribute for sale, rental, transfer or lending, a published or unpublished body of work. The law also allows the author the exclusive right to authorize an individual, agent or company to perform the aforementioned actions on her behalf. While copyright registration is not required, it is to the advantage of the creator. Doing so protects the work from infringement by establishing a public record of the creation and ownership of the work.

Time Frame

Several rules apply to the amount of time copyright protection is provided for a specific body of work. As a general rule, work created in a tangible or fixed medium after Jan. 1, 1978 is protected for the author's life and an additional 70 years after his or her death. If the work is a collaborative effort, protection is extended 70 years after the last surviving author's death. Works created but not published before Jan. 1, 1978 are also covered by this same rule. In addition, works under this category were guaranteed by law not to expire before Dec. 31, 2002. However, if the work is published on or before Dec. 31, 2002, the copyright will not expire before Dec. 31, 2047. Typically, copyright protection is effective on the date the copyright office receives all required fees and documentation.

What is Not Eligible for Protection

Many misconceptions exist on what is generally not acceptable for copyright protection. Usually, this includes work that is created from common sources and is not the original work of the author. Also not included are works not in a tangible medium such as unscripted comments, improvised speeches and presentations or any work that has not been written or recorded. Other items not eligible include names, titles, certain phrases or clichés, content or ingredient listings.

Obtaining a Copyright

Obtaining a copyright requires the applicant to present a specific application for the work, payment of a nonreturnable fee and submission of at least one copy of the work being registered. The most commonly required forms are TX for literary works, PA for performance arts, SR for sound recordings and SE for a serial single copyright. Other required forms are also available for registration of specific designs, architectural works or group registrations.

Fees

A nonreturnable filing fee must be paid at the time the application is presented. The basic filing fee starts at $45 and can vary, depending on services needed. Current fees and requirements are subject to change on specific items. Forms can be obtained through the U.S. Copyright Office website or by calling the offices during regular business hours. Recorded information is also available 24 hours a day at [phone] by choosing option 1.

Resources

• U.S. Copyright Office Website