How Long Is a Copyright?
Current federal law grants authors of creative works copyright protection from the time their work is first created in fixed form rather than the date it is registered with the U.S. Copyright Office. The "life" of a copyright is currently governed by the United States Copyright Law of 1976. This law grants copyholders the longest duration of protection both during their own lifetimes and for some years after that than any other copyright law passed in U.S. history. To look at how the duration of copyright protection has changed over the years, start with the first copyright law enacted by British Parliament -- the Statute of Anne.
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The First Copyright Law
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The invention of the printing press around 1440 resulted in mass production of books by machine rather than by hand. This gave rise to the need for copyright protection for authors. In 1710, the first copyright statute, the Statute of Anne, was passed. This granted copyholders protection of their creative works for 14 years.
Early Copyright Law in the U.S.
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In 1790, U.S. Congress enacted the first copyright act. Like Britain's statute, this law also granted copyholder's protection for a duration of 14 years with the option to renew the copyright for another 14 years. This gave authors copyright protection that lasted 28 years.
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U.S. Copyright Act of 1909
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Federal copyright law was revised in 1909 to increase the duration of copyright protection to 28 years, with a renewal option for another 28 years after the first term expired (a total of 56 years). However, protection for unpublished work was different than that for published work. This law gave unpublished authors perpetual common law right to their works, while those whose work was published were limited to the 56-year cap. Not only was this law confusing, but it also resulted in questions as to how to distinguish "published" from "unpublished" work. These issues were resolved with the passage of the current copyright law.
U.S. Copyright Law of 1976
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The Copyright Law of 1976 was passed by Congress in 1976, however, it was enacted on Jan. 1, 1978 and applied to new copyrights that were secured on or after this date. Under this new law, copyright protection lasted for the life of the author plus an additional 50 years after death. This law also did away with the dual form of copyright protection for published and unpublished works, making them indistinguishable. It also established that a work is considered to have copyright protection from the moment it is set in fixed form.
The Sonny Bono Copyright Term Extension Act
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This act, passed in 1998, amended the U.S. Copyright Law of 1976 to extend copyright protection after the death of the author from 50 years to 70 years.
So How Long Will Your Copyright Last?
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If your creative work was put in fixed form after Jan. 1, 1978, you are afforded copyright protection for your lifetime plus another 70 years after your death, after which your work falls into public domain. If your creation was a joint work (had more than one author), the term of the copyright is 70 years after the death of the last surviving author.
What about "Works for Hire?"
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The Copyright Law of 1976 sets forth additional term provisions for "works for hire" -- those that are created by an individual or individuals during the scope of employment. For example, if you're a graphic designer or photographer for an advertising agency, rights to your creative, copyrightable work are assigned to your employer. The duration of a copyright for a "work for hire" is 95 years from the work's first publication or 120 years from the time it is created, whichever period is shorter.
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References
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- Photo Credit Graphic by Stephan Baum (Wiki Commons)
