Circular 15t
Extension of Copyright Terms
Table of Contents
PURPOSE OF THIS CIRCULAR
This circular will inform you of the provisions in the copyright statute
affecting the duration of subsisting copyrights and give you some information
with examples illustrating what these provisions mean. For works copyrighted
for the first time on or after January 1, 1978, the statutory provisions governing
the duration of protection are quite different and are not included in this
circular. For general information about duration of copyright under the current
law, request Circular 15a, “Duration of Copyright.”
EFFECT OF 1976 COPYRIGHT LAW WITH AMENDMENTS OF 1992
AND 1998
The Copyright Act of October 1976 (Public Law 94-553, 90 Stat. 2541, amending
title 17 of the United States Code), effective January 1, 1978, has been amended
to extend the term of copyright on two subsequent occasions with the passage
of the Copyright Amendments Act of 1992 (Public Law 102-307, 10 6 Stat. 266,
amending section 304 of title 17 of the United States Code), and the Sonny
Bono Copyright Term Extension Act of 1998 (Public Law 105-298, 112 Stat. 2827,
amending chapter 3 of title 17 of the United States Code).
Public Law 102-307, enacted on June 26, 1992, amended the copyright law to
make renewal automatic and renewal registration optional for works originally
copyrighted between January 1, 1964, and December 31, 1977.
Public Law 105-298, enacted on October 27, 1998, added an additional 20 years
to the overall term of copyright protection.
• Copyrights already in their second term on January 1, 1978:
The duration of the copyright term has automatically been prolonged to last
for a total of 95 years. No further renewal registration is necessary.
• Copyrights in their first term on January 1, 1978: Renewal
registration was still necessary to obtain the second term for works copyrighted
between January 1, 1950, and December 31, 1963. Renewal registration is optional
for works copyrighted between January 1, 1964, and December 31, 1977. In both
cases, the renewal copyright is longer than the term in effect before 1978.
The renewal term extends the copyright for a full term of 95 years.
COPYRIGHTS IN THEIR SECOND TERM: AUTOMATIC EXTENSION
OF DURATION
Renewed Copyrights Automatically Extended to Maximum of 95 Years
Under the statute, copyrights that had already been renewed and were in
their second term at any time between December 31, 1976, and December 31,
1977, inclusive, were automatically extended in duration. The total length
of these copyrights is now 95 years from the end of the year in which they
were originally secured.
EXAMPLE: A work that was first copyrighted on April 10, 1923, and
renewed between April 10, 1950, and April 10, 1951, would formerly have
fallen into the public domain after April 10, 1979. The current law extends
this copyright through the end of 2018.
These second-term copyrights cannot be renewed again. Under the law, their
extension to the maximum 95-year term is automatic and requires no action
in the Copyright Office.
A Special Situation:
Copyrights Registered for Renewal Between December 31, 1976, and December
31, 1977
The automatic extension also applied to copyrights that were the subject
of a renewal registration between December 31, 1976, and December 31, 1977,
even though their second term was not scheduled to commence until sometime
in 1978.
| EXAMPLE: A work was first copyrighted on July 29,
1950, and a renewal registration was made on September 1, 1977. The second
term of copyright was automatically extended through the end of 2045 without
the need of any further renewal. |
Another Special Situation: Copyrights More Than 56 Years Old
The automatic extension applies not only to copyrights less than 56 years
old but also to older copyrights that have previously been extended in duration
under a series of Congressional enactments beginning in 1962.1
As in the case of all other copyrights subsisting in their second term between
December 31, 1976, and December 31, 1977, inclusive, these copyrights will
expire at the end of the calendar year in which the 95th anniversary of the
original date of copyright occurs, so long as the copyright was still in its
renewal phase at the time Public Law 105-298 became effective.2
1The enactments
were Public Laws 87-668, 89-142, 90-141, 90-416, 91-147, 91-555, 92-170, 92-566,
and 93-573. Their effect was to extend the second term of all renewed copyrights
scheduled to expire between September 19, 1962, and December 3, 1976, through
the end of 1976.
2Works
published before January 1, 1923, would have fallen into the public domain
at the end of calendar year 1997. Consequently, these works do not receive
the additional 20 years of copyright protection created by Public Law 105-298.
| EXAMPLE: A work that was first
entered for copyright on October 5, 1907, and renewed in 1935, would formerly
have fallen into the public domain after October 5, 1963. The first Act
extended the copyright to December 31, 1965; the second Act extended it
to December 31, 1967; the third Act extended it to December 31, 1968;
the fourth Act extended it to December 31, 1969; the fifth Act extended
it to December 31, 1970; the sixth Act extended it to December 31, 1971;
the seventh Act extended it to December 31, 1972; the eighth Act extended
it to December 31, 1974; the ninth Act extended it to December 31, 1976,
and the Copyright Act of 1976 finally extended the copyright through the
end of 1982 (75 years from the end of the year in which the copyright
was originally secured). |
COPYRIGHTS SECURED BETWEEN JANUARY 1, 1950, AND
DECEMBER 31, 1963: RENEWAL WAS NECESSARY
Copyrights whose first 28-year term of copyright was secured between January
1, 1950, and December 31, 1963, including works protected in their first term
under the Universal Copyright Convention, still had to be renewed within strict
time limits in order to receive the maximum statutory duration. U.S. adherence
to the Berne Convention did not alter this requirement. Renewal registration
had to be made within a year period beginning on December 31 of the 27th year
of the copyright and running through December 31 of the following year.
If a valid renewal registration was made at the proper time, the second
term lasts for 67 years. This is 39 years longer than the 28-year renewal
term provided under the 1909 law and makes the two terms of protection for
the renewed copyright last for a total of 95 years. However, if renewal registration
was not made within the statutory time limits, these copyrights expired at
the end of their first terms and protection was lost permanently.
COPYRIGHTS SECURED BETWEEN JANUARY 1, 1964, AND
DECEMBER 31, 1977
The amendment to the copyright law enacted June 26, 1992, makes renewal registration
optional, and the amendment enacted October 27, 1998, further extends the
renewal term to 67 years. The copyright is still divided between a 28-year
original term and a 67-year renewal term, but the renewal term automatically
vests on December 31st of the 28th year. A renewal registration is not required
to secure the renewal copyright. Certain benefits accrue to making renewal
registrations, and the Copyright Office continues to accept renewal applications.
See Circular 15, “Renewal of Copyright,”
for a discussion of the benefits of making renewal registration.
OTHER STATUTORY PROVISIONS AFFECTING SUBSISTING COPYRIGHTS
Year-End Expiration of CopyrightTerms
The law provides that all terms of copyright will run through the end of
the calendar year in which they would otherwise expire. This affects the duration
of all copyrights, including those subsisting in either their first or second
term in January 1, 1978. For works eligible for renewal registration, the
renewal filing period begins on December 31st of the 27th year of the copyright
term and ends on December 31st of the 28th year of the copyright term.
Termination of Grants
For works already under statutory copyright on January 1, 1978, the law
also contains special provisions allowing the termination of any grant of
rights made by an author and covering any part of the period (usually 39 years)
that has now been added to the end of the renewal copyright. This right to
reclaim ownership of all or any part of the extended term is optional. It
can be exercised only by certain persons (the author, or specified heirs of
the author), and it must be exercised in accordance with prescribed conditions
and within strict time limits.
A CHECKLIST OF POINTS TO REMEMBER
- Copyrights already in their second term on January 1, 1978, have been automatically
extended up to a maximum of 95 years without the need for further renewal.
- Copyrights secured between January 1, 1950, and December 31, 1963, had
to be renewed within a strict 1-year time limit; if not renewed they expired
at the end of their 28th calendar year.
- Copyrights secured between January 1, 1964, and December 31, 1977, are
renewed automatically even if renewal registration is not made; renewal registration
is optional and if timely made, entitles the claimant to a presumption of
validity and other advantages.
- Works in the public domain cannot be protected by copyright. The 1976 Act,
the 1992 amendment, and the 1998 amendment do not provide a procedure for
restoring protection for works in which copyright has been lost for any reason.
- Exception: Under the provisions of the Uruguay Round Agreements
Act (URAA), certain foreign works whose U.S. copyright protection had been
lost because of noncompliance with formalities of U.S. law were restored as
of January 1, 1996. Such works may be registered using Form GATT. For more
information, request Circular 38b, “Highlights of Copyright Amendments
Contained in the Uruguay Round Agreements Act (URAA-GATT).”
- A work published before January 1, 1964, and originally copyrighted within
the past 75 years may still be protected by copyright if a valid renewal registration
was made during the 28th year of the first term of the copyright. If renewed
and if still valid under the other provisions of the law, the copyright will
now expire 95 years from the end of the year in which it was first secured.
Works published before January 1, 1923, have fallen into the public
domain, but works published after that date could still be protected by copyright
if the copyright was renewed by registration or automatically by law under
Public Law 102-307.
FOR FURTHER INFORMATION
Information via the Internet: Frequently requested circulars, announcements,
regulations, other related materials, and all copyright application forms
are available via the Internet. You may access these via the Copyright Office
homepage at http://www.copyright.gov.
Information by fax: Circulars and other information (but not application
forms) are available by Fax-on-Demand at (202) 707-2600.
Information by telephone: For general information about copyright,
call the Copyright Public Information Office at (202) 707-3000. The TTY number
is (202) 707-6737. Information specialists are on duty from 8:30 a.m. to 5:00
p.m., eastern time, Monday through Friday, except federal holidays. Recorded
information is available 24 hours a day. Or, if you know which application
forms and circulars you want, request them from the Forms and Publications
Hotline at (202) 707-9100 24 hours a day. Leave a recorded message.
Information by regular mail: Write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
Rev: June1999
Format Note:
This electronic version has been altered slightly from the original printed
text for presentation on the World Wide Web. For a copy of the original
circular, consult the PDF
version or write to Copyright Office, 101 Independence Avenue S.E., Washington,
D.C. 20559-6000.
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