How Long Does a Copyright Last

From LoveToKnow Freelance-Writing

Understanding copyright law includes learning answers to questions like: how long does a copyright last, or do I have to register my work to be protected.

Copyright Basics

First of all, it's important to realize that copyright is type of protection afforded by the U.S. Constitution. The protection extends to original works created in a tangible medium and covers published and unpublished creations.

There is some confusion when it comes to the definition of copyright and whether or not your work has to be registered with the U.S. Copyright Office to be copyrighted. The short answer is, no, it doesn't need to be registered to be copyrighted. While registering your work with the Copyright Office is a voluntary decision on the part of an author, writer or artist, in actuality, your work is copyrighted from the moment you create it. However, if you ever need to go to court over copyright infringement, copyright registration is necessary.

What Copyright Protects

Architecture
Computer Software
Dramatic works
Literary works
Poetry
Musical works
Novels
Movies
Songs

What Copyright Does Not Protect

While copyright does protect original works like those above, there are some areas that you may consider intellectual property that are not protected. These include:

Facts
Ideas
Methods of Operation
Systems

With this in mind, it is prudent not to share ideas that could be stolen and developed with no recourse on your part.

Exactly How Long Does a Copyright Last?

Now that you know your work is protected, you may be asking yourself, "How long does a copyright last?" That's another good question that has a multi-faceted answer. That's because it depends on the specific work along with these two factors:

Has it been published?
If published, when was it published?

General Rules for How Long a Copyright Should Last

Works created after January 1, 1978: Copyright continues for as long as the author lives plus 70 more years following the author's death. This is for work that is created in a tangible form.
Anonymous, pseudonymous, or a work made for hire: Copyright continues for 95 years from first publication or for 120 years from the year it is created. The one that expires first is the one that applies.
For a joint work that is co-authored by more than one author (not work for hire) the 70 year term is applied after the last author dies.

Works Published Before 1978: Works published before 1978, the endurance of copyright protection will depend on a variety of things.

Renewal registration was optional after 28 years
If the work appeared in a periodical or collection of works, a renewal of the copyright can extend it for 67 years.
If the author dies, their surviving spouse owns one-half of the copyright termination interest. If there is no surviving spouse the interest is passed to surviving children. If there is no surviving spouse, children or grandchildren the termination interests shall be handled by the author's personal representative, trustee or executor.

Copyright for Unpublished Works

If a work existed but wasn't published or registered for copyright as of January 1, 1978, it is extended federal copyright protection with the life plus 70 year term or the 95/120 can apply.

Unpublished anonymous and pseudonymous works and works made for hire, if created before 1989, are extended copyright for 120 years from date of creation.

More Resources

For more specifics regarding the terms regarding copyright, you can download a copy of Copyright Duration from the U.S. Copyright Office. This is a PDF file and will require Adobe Acrobat which can be downloaded for free.

Other helpful links:

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