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The basics for determining when works enter the public domain* are listed below.
The Sonny Bono Copyright Term Extension Act, signed by the President October 26, 1998, extended the copyright term in the U.S. by 20 years of all works published after 1/1/1998. It also extends the duration of the copyright term on works created or published prior to 1978. These changes are reflected in the table.
Copyright Expiration Dates
| Publishing Date |
Term of Copyright |
Notes |
| Works published before 1923 |
Are now in the public domain. |
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| Works published between 1923 and 1963 |
Are now in the public domain. |
If the term was renewed, they are not public domain. |
| Works published between 1923 and 1963 and published with a copyright notice |
Are protected 95 years from the date of first publication. |
The work has been timely renewed. |
| Works published between 1964 and 1977 |
Are protected 95 years from the date of publication. |
Renewal term is automatic. |
| Works first published before January 1, 1978, and fixed in a tangible form |
Normally enter the public domain 95 years from the date copyright was first secured (usually 95 years from the date of the first publication). |
Two things should be considered when figuring the time.
Every time a new edition is created (especially a new translation or with a new editor) a new work is created; therefore, you count the creation date from the date of the new edition, not the original.
The copyright might have been renewed by someone other than the author. |
| Works first created on or after January 1, 1978 (whether or not published) |
Enter the public domain 70 years after the death of the author. |
Only if the author is a natural person--as opposed to a corporation. (For corporations, see below.) |
| Works first created on or after January 1, 1978 (whether or not published), which are created by a corporate author |
Enter the public domain 95 years after publication or 120 years after creation, whichever ends first. |
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| Works created before January 1, 1978, but not published before that date |
Are copyrighted under the 70-year rule and 95/120-year rule for corporate authors, except that in no case will the copyright on a work not published prior to January 1, 1978, expire before December 31, 2002 (if work remains unpublished) or December 31, 2047 (if work is published before December 31, 2002). |
This copyrights a lot of manuscripts that one might otherwise think of as public domain because of their age. |
| Works created prior to March 1, 1989, with a substantial number of copies being printed and distributed in the U.S. without a copyright notice |
The work is in the public domain in the U.S. |
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*Material is in the public domain if it could have been--but was not--copyrighted; or it was copyrighted, but such protection lapsed either as a matter of the passage of time or as a result of non-compliance with copyright protection. Public domain material can be used by anybody, in any way, without permission.
Published Works
Both published and unpublished works are entitled to copyright protection. However, some of the rules differ. See the table below.
Differences in Published and Unpublished Works
| Option |
The Rule |
| fair use |
This defense is harder on an unpublished work because its use deprives the owner of the right to determine the publication date. |
| work made for hire or anonymous or pseudonymous work |
Duration of an unpublished work can last up to 25 years longer than if the work were published. |
| original work fixed in a tangible medium |
An unpublished work made available to the general public without restriction automatically qualifies for copyright protection. (It is a common practice to wait until a work is published before registering.) |
| publication date |
The date on a published work sets the time for a timely registration of the copyright. |
| valid copyright notice |
The notice on a published work can prevent the claim of innocent infringement from being raised in a copyright infringement lawsuit.
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Original work of authorship is only considered published under the Copyright Act of 1976 when it is first made available to the public on an unrestricted basis. You can, then, display a work or distribute it with restrictions on disclosure of the contents without actually publishing it. On the other hand, if a work is displayed on-line, the Internet is so widespread that the work would be considered published.
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Federal Statutes