Copyright Term and the Public Domain in the
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Never Published, Never Registered Works2
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Type of Work
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Copyright Term
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Unpublished works
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Life of the author + 70 years
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Works from authors who died before 1942
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Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship)
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120 years from date of creation
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Works created before 1892
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Unpublished works when the death date of the author is not known4
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120 years from date of creation5
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Works created before 18925
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Works Registered or First Published in the
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Date of Publication6
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Conditions7
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Copyright Term3
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Before 1923
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None
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None. In the public domain due to copyright expiration
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1923 through 1977
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Published without a copyright notice
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None. In the public domain due to failure to comply with required formalities
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1978 to
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Published without notice, and without subsequent registration within 5 years
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None. In the public domain due to failure to comply with required formalities
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1978 to
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Published without notice, but with subsequent registration within 5 years
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70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
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1923 through 1963
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Published with notice but copyright was not renewed8
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None. In the public domain due to copyright expiration
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1923 through 1963
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Published with notice and the copyright was renewed8
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95 years after publication date
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1964 through 1977
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Published with notice
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95 years after publication date
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1978 to
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Created after 1977 and published with notice
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70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
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1978 to
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Created before 1978 and first published with notice in the specified period
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The greater of the term specified in the previous entry or
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From
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Created after 1977
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70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
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From
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Created before 1978 and first published in this period
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The greater of the term specified in the previous entry or
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After 2002 | None |
70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
Anytime
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Works prepared by an officer or employee of the United States Government as part of that person’s official duties. 21
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None. In the public domain in the United States (17 U.S.C. § 105)
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Date of Publication
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Conditions
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Copyright Term in the
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Before 1923
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None
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In the public domain (But see first special case below)
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Works Published Abroad Before 197810
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1923 through 1977
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Published without compliance with US formalities, and in the public domain in its source country as of
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In the public domain
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1923 through 1977
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1923 through 1977
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Solely published abroad, without compliance with US formalities or republication in the
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1923 through 1977
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Published in the
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Use the
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1923 through 1977
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Published in the
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Works Published Abroad After
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1 January 1978 – 1 March 1989
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Published without copyright notice, and in the public domain in its source country as of
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In the public domain
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1 January 1978 – 1 March 1989
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Published without copyright notice in a country that is a signatory to the Berne Convention and is not in the public domain in its source country as of |
70 years after the death of author, or if work of corporate authorship, 95 years from publication |
1 January 1978 – 1 March 1989 | Published with copyright notice by a non-US citizen in a country that was party to the Universal Copyright Convention (UCC) | 70 years after the death of author, or if work of corporate authorship, 95 years from publication |
After 1 March 1989 |
Published in a country that is a signatory to the Berne Convention
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70 years after the death of author, or if work of corporate authorship, 95 years from publication |
After 1 March 1989
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Published in a country with which the United States does not have copyright relations under a treaty
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In the public domain
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Special Cases
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In
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Treat as an unpublished work until such date as first
US-compliant publication occurred
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Prior to
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In the public domain
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After
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May be protected under the UCC
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Anytime
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Created by a resident of
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Not protected by US copyright law until they become party to bilateral or international copyright agreements
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Anytime | Works whose copyright was once owned or administered by the Alien Property Custodian, and whose copyright, if restored, would as of |
Not protected by US copyright law |
Anytime
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If published in one of the following countries, the 1 January 1996 date given above is replaced by the date of the country’s membership in the Berne Convention or the World Trade Organization, whichever is earlier:
Andorra, Angola, Armenia, Bhutan, Cambodia, Comoros, Jordan, Democratic People’s Republic of Korea, Laos, Micronesia, Montenegro, Nepal, Oman, Papua New Guinea, Qatar, Samoa, Saudi Arabia, Solomon Islands, Sudan, Syria, Tajikistan, Tonga, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, Yemen |
Sound Recordings
(Note: The following information applies only to the sound recording itself, and not to any copyrights in underlying compositions or texts.)
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Date of Fixation/Publication
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Conditions
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Unpublished Sound Recordings, Domestic and Foreign
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Prior to
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Indeterminate
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Subject to state common law protection. Enters the public domain on
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After
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Life of the author + 70 years. For unpublished anonymous and pseudonymous works and works made for hire (corporate authorship), 120 years from the date of fixation
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Nothing. The soonest anything enters the public domain is
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Sound Recordings Published in the
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Date of Fixation/Publication
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Conditions
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Fixed prior to
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None
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Subject to state statutory and/or common law protection. Fully enters the public domain on
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Published without notice (i.e, , year of publication, and name of copyright owner)15
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In the public domain
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Published with notice
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95 years from publication. 2068 at the earliest
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1978 to
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Published without notice, and without subsequent registration
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In the public domain
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1978 to
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Published with notice
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70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation. 2049 at the earliest
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After
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None
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70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation. 2049 at the earliest
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Sound Recordings Published Outside the
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Prior to 1923
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None
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Subject to state statutory and/or common law protection. Fully enters the public domain on
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1923 to
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In the public domain in its home country as of 1 Jan. 1996 or there was
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Subject to state common law protection. Enters the public domain on
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1923 to
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Not in the public domain in its home country as of
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Enters public domain on
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Not in the public domain in its home country as of
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95 years from date of publication. 2068 at the earliest
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1978 to
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Not in the public domain in its home country as of
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70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation
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After
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None
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70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation
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Special Cases
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Fixed at any time
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Created by a resident of
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Not protected by US copyright law because they are not party to international copyright agreements
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Fixed prior to 1996 | Works whose copyright was once owned or administered by the Alien Property Custodian, and whose copyright, if restored, would as of |
Not protected by US copyright law |
Fixed at any time |
If fixed or solely published in one of the following countries, the 1 January 1996 date given above is replaced by the date of the country’s membership in the Berne Convention or the World Trade Organization, whichever is earlier:
Andorra, Angola, Armenia, Bhutan, Cambodia, Comoros, Jordan, Democratic People’s Republic of Korea, Laos, Micronesia, Montenegro, Nepal, Oman, Papua New Guinea, Qatar, Samoa, Saudi Arabia, Solomon Islands, Sudan, Syria, Tajikistan, Tonga, United Arab Emirates, Uzbekistan, Vietnam, Yemen
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Architectural Works16
(Note: Architectural plans and drawings may also be protected as textual/graphics works)
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Date of Design
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Date of Construction
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Copyright Status
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Prior to
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Not constructed by
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Protected only as plans or drawings
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Prior to
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Constructed by
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Protected only as plans or drawings
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Prior to
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Constructed between
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Building is protected for 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation17
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From
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Immaterial
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Building is protected for 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation17
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