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Rules of thumb for determining when things enter the Public Domain

United States

1.  Works first published before January 1, 1978 usually enter the
public domain 75 years from the date copyright was first secured, which
is usually 75 years from the date of first publication. (This is the
rule Project Gutenberg uses most often)

2.  Works first created on or after January 1, 1978 enter the public
domain 50 years after the death of the author if the author is a natural
person. (Nothing will enter the public domain under this rule until
at least January 1, 2023.)

3.  Works first created on or after January 1, 1978 which are created
by a corporate author enter the public domain 75 years after publication
or 100 years after creation whichever occurs first. (Nothing will enter
the public domain under this rule until at least January 1, 2053.)

4.  Works created before January 1, 1978 but not published before that
date are copyrighted under rules 2 and 3 above, except that in no case
will the copyright on a work not published prior to January 1, 1978
expire before December 31, 2002. (This rule copyrights a lot of manuscripts
that we would otherwise think of as public domain because of their age.)

6.  If a substantional number of copies were printed and distributed in
the U.S. without a copyright notice prior to March 1, 1989, the work is
in the public domain in the U.S.

Caveat:  Every time a substantially new edition is created, especially
if it is a new translation or done by a new editor, a new work is
created, so you count from the creation of that edition, not from the
creation of the original.


United Kingdom and a lot of other countries.

The general rule is life of the author plus 50 years.  I do not know
what their rules are on corporate authors, and I am pretty sure that
publication without a copyright notice does not put a work in the
public domain in these countries.

Whose law applies:
When we distribute in the United States, U.S. law applies.  When we
distribute to other countries, their law applies. That is why Peter
Pan is marked for US distribution only.  It is public domain in the
U.S. but not in the U.K.


Under the 1909 Copyright Act, the original term lasted for 28 years (not
26).  It was renewable for an extra 28 years for a total of 56 years.
In the mid 1950's Congress started working on a major revision of the
copyright act, but by 1960 it was clear that this would not be a short
process.  By 1962 it was clear that the new act would grant existing
works a total term of 75 years.  To prevent these works from losing out
on the 75 year extension while Congress worked out all the other details
of the new act, Congress started passing extension acts in 1962.  They
passed these acts from 1962 to 1976 with the result that all copyrights
in existence in 1962 were extended to at least 1976 when the 75 year
rule kicked in.  So works published between 1917 and 1939 are not in
the public domain yet.

A few public speeches are not copyrighted because they are not fixed in
any tangible medium of expression.  But if the speaker writes the speech
down or authorizes it to be recorded or has someone record it at the
time the speech is given, then it is fixed in a tangible medium of expression
and it is copyrighted.

The I Have a Dream speech was written down on paper and registered with
the Copyright Office.  It is copyrighted and Mrs. King has at times
enforced that copyright.

this is also why associations which wish to tape conference presentations
have to have copyright clearance from the speakers.

Make sure you fax or send title and copyright pages to:

Mary Brandt Jensen                     University of South Dakota
Director of the Law Library            School of Law
Professor of Law                       414 E. Clark St.
GUTCOPY@CHARLIE.USD.EDU                Vermillion, SD 57069-2390
(605) 677 6363                         Fax (605) 677 6357

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