Duration Flashcards
Duration under 1909 regime
28 years, renewal of 28 years (extended to 47 in 1976, 67 in 1998)
Renewal made automatic in 1992 for works in their first term
Duration under 1976 regime
Automatic copyright on fixation, life+50 years (extended to life+70 in 1998)
Duration of works w/o authors under 1976 regime
100 years from creation or 75 from publication, whichever came first. CTEA extended to 120 and 95 in 1998.
Status of works published before 1923
Expired (the CTEA couldn’t rescue them)
Status of works published 1923-63
Rescued by CTEA (e.g., Mickey Mouse). Began to expire 2018. Only the renewed have survived.
Status of works published 1964-77
Benefit of automatic renewal, began to expire in 2018.
Status of works created but not published before 1978
Author + 70 years or 2002, whichever is longer. If published by end of 2002, extra lease on life until 2047 or life + 70 (whichever longer)
Created in 1978 or later
Start expiring in 2048 at the earliest (without author, 2073 at the earliest)
Termination for works published 1923-1963
If still valid (renewed), §203 applies if transferred 78 or later. If before 78, double windows of §304
Termination for works published 1964-77
28 years + 67 renewal = 95
If renewed after 1978 and assigned, 5-year window 35 years after assignment
If assigned before 1978, 5-year window 56 years after publication, another 75 years after
Termination for works published after 1978
5-year window 35 years after assignment. Must notify 2-5 years before termination. Non-waivable, but inheritable.
Termination for works for hire
No termination rights for WFH!