Length and Terms of Copyright Protection

Features and Considerations:

• Copyright automatically applies upon creation of the work.
• Registration: No registration required for protection but necessary for litigation.
• Varied Jurisdictional Terms: The length of copyright protection differs across countries, typically ranging from the life of the author plus 50 to 70 years.
• Works of Corporate Authorship: For works created by corporations, copyright generally lasts for 95 years from publication or 120 years from creation, whichever is shorter.
• Renewal and Extension: In some jurisdictions, copyrights granted under older laws may be subject to renewal or extension processes.
• Copyright Term Calculation: The calculation starts from the year following the creator’s death, with the work entering the public domain on January 1st after the term ends.
• Berne Convention Compliance: Most countries adhere to the Berne Convention, requiring a minimum copyright term of the life of the author plus 50 years.
• Pre-1978 Works in the U.S.: Works published in the U.S. before 1978 have varying terms, often longer, due to different historical copyright laws.

Examples:

1. A novel written by an author in 1990 will be under copyright until 2060 (70 years after the author’s death, assuming they died shortly after publication).
2. A film produced by a studio in 2000 is copyrighted until 2095 (95 years from publication).
3. A painting created anonymously in 1980 enters the public domain 120 years from creation, which would be 2100.

Why This Matters:

The length and terms of copyright protection are essential for encouraging the creation and distribution of creative works by ensuring authors can profit from their work for a significant period. This fosters cultural development and supports the economy while eventually enriching public domain resources.

Call to Action:

1. Creators: Verify the copyright term for your works to ensure you’re maximizing protection and potential earnings.
2. Users: Before using a work, check its copyright status to avoid infringement.
3. Educators and Researchers :Note the entry dates of works into the public domain for academic and cultural projects.
4. Copyright Holders: Consult with IP professionals to explore copyright renewal or extension options where applicable.

External Resources:

• Guide to Copyright (CIPO): https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/guide-copyright
• How long does Copyright Last? (USCO): https://www.copyright.gov/help/faq/faq-duration.html
• What is Copyright (USCO): https://www.copyright.gov/what-is-copyright/
• Copyright (WIPO): https://www.wipo.int/copyright/en/
• Creative Commons: https://creativecommons.org/

Advanced Topics:

• The implications of the Berne Convention for international copyright terms.
• Orphan Works.
• What is the Public Domain? learn about the public domain such as initiatives for early release of works into the public domain.