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Copyright Guide: Is it Covered by Copyright?

Guide to copyright issues for HIU faculty.

When Was it Published and Was Copyright Renewed?

Usually, the first step in determining your rights to use material created by someone else is to find out if the material is actually covered by copyright. Depending on when it was published, the term of copyright varies. Also, copyright can be renewed. Check these links to determine if the work you are planning to use is indeed covered by copyright. If it's no longer covered, and is in the public domain, you can use it without obtaining permission (of course, you still must give proper attribution!).

Duration of Copyright Chart

WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN

By Lolly Gasaway University of North Carolina

Definition: A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone.  The reasons that the work is not protected include: (1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory formalities to perfect the copyright or (3) the work is a work of the U.S. Government.

DATE OF WORK PROTECTED FROM TERM
Created 1-1-78 or after When work is fixed in tangible medium of expression Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2
Published before 1923 In public domain  None
Published from 1923 - 63 When published with notice3 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain
Published from 1964 - 77 When published with notice 28 years for first term; now automatic extension of 67 years for second term
Created before 1-1-78 but not published 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2002, whichever is greater
Created before
1-1-78 but published between then and 12-31-2002
1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2047 whichever is greater

1  Term of joint works is measured by life of the longest-lived author.
2  Works for hire, anonymous and pseudonymous works also have this term.  17 U.S.C. § 302(c).
3  Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405.   (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway)
 

LOLLY GASAWAY
Chart may be freely duplicated or linked to for nonprofit purposes. No permission needed. Please include web address on all reproductions of chart so recipients know where to find any updates. (https://www.copyright.com/Services/copyrightoncampus/basics/law_public.html)

What is Copyrightable?

 

In Section 102(a) of the US Copyright Act, copyright protection is extended to "original works of authorship fixed in any tangible medium of expression." Facts, ideas and US government documents are not copyrightable.