How Long Is a Work Copyright-Protected in the United States?
Works created on or after January 1, 1978: A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is given a term of copyright protection enduring for the lifetime of the artist plus an additional 70 years after the artist's death. In the case of "a joint work prepared by two or more artists who did not work for hire," the term lasts for 70 years after the last surviving artist's death. For works made for hire, and for anonymous and pseudonymous works (unless the artist's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from first publication or 120 years from creation, whichever is shorter.
Works originally created before January 1, 1978, but not published or registered by that date: These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works will generally be computed in the same way as works created on or after January 1, 1978, namely, the life-plus-70 or 95/120-year terms will apply to them as well. The law provides that in no case will the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2047.
Works originally created and published or registered before January 1, 1978: Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last (28th) year of the first term, the copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights restored under the Uruguay Round Agreements Act (URAA), making these works eligible for a total term of protection of 75 years.
Works created on or after January 1, 1978: A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is given a term of copyright protection enduring for the lifetime of the artist plus an additional 70 years after the artist's death. In the case of "a joint work prepared by two or more artists who did not work for hire," the term lasts for 70 years after the last surviving artist's death. For works made for hire, and for anonymous and pseudonymous works (unless the artist's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from first publication or 120 years from creation, whichever is shorter.
Works originally created before January 1, 1978, but not published or registered by that date: These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works will generally be computed in the same way as works created on or after January 1, 1978, namely, the life-plus-70 or 95/120-year terms will apply to them as well. The law provides that in no case will the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2047.
Works originally created and published or registered before January 1, 1978: Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last (28th) year of the first term, the copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights restored under the Uruguay Round Agreements Act (URAA), making these works eligible for a total term of protection of 75 years.
(02-19-2019, 04:50 PM)GroomingDept Wrote: How Long Is a Work Copyright-Protected in the United States?Refer here for older works Mo. The Chagall is in the public domain.
Works created on or after January 1, 1978: A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is given a term of copyright protection enduring for the lifetime of the artist plus an additional 70 years after the artist's death. In the case of "a joint work prepared by two or more artists who did not work for hire," the term lasts for 70 years after the last surviving artist's death. For works made for hire, and for anonymous and pseudonymous works (unless the artist's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from first publication or 120 years from creation, whichever is shorter.
Works originally created before January 1, 1978, but not published or registered by that date: These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works will generally be computed in the same way as works created on or after January 1, 1978, namely, the life-plus-70 or 95/120-year terms will apply to them as well. The law provides that in no case will the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2047.
Works originally created and published or registered before January 1, 1978: Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last (28th) year of the first term, the copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights restored under the Uruguay Round Agreements Act (URAA), making these works eligible for a total term of protection of 75 years.
https://drive.google.com/file/d/1V0LAI9g...p=drivesdk
(This post was last modified: 02-19-2019, 05:05 PM by jmudrick.)
(02-19-2019, 04:42 PM)Ashbeowulf Wrote: Author died in 1985. It's not 2055 yet so his work isn't in the public domain.Wrong. Published before 1924. Public domain in EU also as published prior to 1917.
Edit IANAL but this wasn't created in the US, so I'm sure copyright law other than our own would apply to this. There's probably a number you can call to see if a piece is public domain yet or not.
https://drive.google.com/file/d/1V0LAI9g...p=drivesdk
(This post was last modified: 02-19-2019, 05:00 PM by GroomingDept.)
The dream by March Chagall is in public domain it. was created before 1917! I think
But I'm changing the label. My apologies whoever is managing the Chagall estate if that was mistake on my part.
But I'm changing the label. My apologies whoever is managing the Chagall estate if that was mistake on my part.
(This post was last modified: 02-19-2019, 05:14 PM by jmudrick.)
(02-19-2019, 05:07 PM)Ashbeowulf Wrote: The link you posted still regards US copyright. If the art was created in 1915 in France, I'm not sure how this page you linked would apply to that work since it was not created by a US citizen or foreign national living abroad since Chagall didn't emigrate to the US until the war.1917 is the cutoff in the EU. Takes about 1 minute to Google this stuff guys.
"Works by this artist (Chagall) created after 1917 are not in the public domain in Europe. They are protected by international copyright laws at least until 70 years after the artist's death. Please do not upload photographs or scans of works by this artist after 1917, unless they are covered by freedom of panorama or when you have an E-mail confirmed authorisation to do so. Use template {{PD-RusEmpire}} for works published on territory of the Russian Empire (Russian Republic) except for territories of the Grand Duchy of Finland and Congress Poland before 7 November 1917 NS and wasn't re-published for 30 days following initial publications on the territory of Soviet Russia or any other states. For more information, see Commons:Licensing and Commonserivative works."
https://commons.wikimedia.org/wiki/Categ...rc_Chagall
(02-19-2019, 05:07 PM)Ashbeowulf Wrote: The link you posted still regards US copyright. If the art was created in 1915 in France, I'm not sure how this page you linked would apply to that work since it was not created by a US citizen or foreign national living abroad since Chagall didn't emigrate to the US until the war.
I am neither a lawyer nor an art expert, but to the best of my knowledge, US copyright law covers usage of a work within the US. If it was painted in France and still under copyright in the EU but considered public domain under US law, then you would be free to use it in the US but might get a 1-way ticket to "pound fédéral me dans la prison de cul" if you took your tub on your next European vacation.
I can't wait to see the soap labels in a couple of years when Steamboat Willie becomes public domain.
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