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Q: Expiration of copyright after 20 years ( Answered,   2 Comments )
Question  
Subject: Expiration of copyright after 20 years
Category: Arts and Entertainment > Books and Literature
Asked by: headsetsdotcom-ga
List Price: $9.00
Posted: 07 Dec 2002 20:01 PST
Expires: 06 Jan 2003 20:01 PST
Question ID: 121139
I understood that copyright on books or music expired after 20 years.
I'm looking for any information that supports this.  I'm NOT looking
for anything that supports differently than a 20 year copyright
expiration.

Request for Question Clarification by sublime1-ga on 07 Dec 2002 20:54 PST
headsetsdotcom...

You really have me confused with your qualification.
Are you saying that, if the law states that copyrights
expire after OTHER than a 20 year period, you're not
interested in that information? Or are you ONLY
interested in information which has to do with a 
20 year period, be it an extension or otherwise, 
such as the extension period broached by justaskscott's
comment below?

Clarification of Question by headsetsdotcom-ga on 07 Dec 2002 21:09 PST
Ok.  There's a bunch of different stuff I found on google searches
with different dates.  I didn't want to get that stuff.  I understood
that music and books copyright expired after 20 years.  (That's why
Time Life have the CD's of the early 80's coming out now. Each year
they can produce the music of two decades ago with no royalty
payments.) It's particularly about this sort of copyright expiration
that i'm after.
Answer  
Subject: Re: Expiration of copyright after 20 years
Answered By: sublime1-ga on 07 Dec 2002 23:45 PST
 
headsetsdotcom...

Here's the law, as documented by the US Copyright Office:

"HOW LONG COPYRIGHT PROTECTION ENDURES"

"Works Originally Created on or after January 1, 1978"

"A work that is created (fixed in tangible form for the
 first time) on or after January 1, 1978, is automatically
 protected from the moment of its creation and is ordinarily
 given a term enduring for the author's life plus an
 additional 70 years after the author's death. In the case
 of "a joint work prepared by two or more authors who did
 not work for hire," the term lasts for 70 years after the
 last surviving author's death. For works made for hire, and
 for anonymous and pseudonymous works (unless the author's
 identity is revealed in Copyright Office records), the
 duration of copyright will be 95 years from publication or
 120 years from creation, whichever is shorter."

"Works Originally Created before January 1, 1978, But Not 
Published or Registered by That Date"

"These works have been automatically brought under the
 statute and are now given federal copyright protection.
 The duration of copyright in these works will generally
 be computed in the same way as for works created on or
 after January 1, 1978: the life-plus-70 or 95/120-year
 terms will apply to them as well. The law provides that
 in no case will the term of copyright for works in this
 category expire before December 31, 2002, and for works
 published on or before December 31, 2002, the term of
 copyright will not expire before December 31, 2047."

"Works Originally Created and Published or Registered 
before January 1, 1978"

"Under the law in effect before 1978, copyright was
 secured either on the date a work was published with
 a copyright notice or on the date of registration if
 the work was registered in unpublished form. In either
 case, the copyright endured for a first term of 28
 years from the date it was secured. During the last
 (28th) year of the first term, the copyright was
 eligible for renewal. The Copyright Act of 1976
 extended the renewal term from 28 to 47 years for
 copyrights that were subsisting on January 1, 1978,
 or for pre-1978 copyrights restored under the Uruguay
 Round Agreements Act (URAA), making these works
 eligible for a total term of protection of 75 years.
 Public Law 105-298, enacted on October 27, 1998,
 further extended the renewal term of copyrights still
 subsisting on that date by an additional 20 years,
 providing for a renewal term of 67 years and a total
 term of protection of 95 years."

"Public Law 102-307, enacted on June 26, 1992, amended
 the 1976 Copyright Act to provide for automatic
 renewal of the term of copyrights secured between
 January 1, 1964, and December 31, 1977. Although the
 renewal term is automatically provided, the Copyright
 Office does not issue a renewal certificate for these
 works unless a renewal application and fee are
 received and registered in the Copyright Office."

"Public Law 102-307 makes renewal registration optional.
 Thus, filing for renewal registration is no longer
 required in order to extend the original 28-year
 copyright term to the full 95 years. However, some
 benefits accrue from making a renewal registration
 during the 28th year of the original term."

"For more detailed information on renewal of copyright
 and the copyright term, request Circular 15, 'Renewal
 of Copyright'; Circular 15a, 'Duration of Copyright';
 and Circular 15t, 'Extension of Copyright Terms.'"
http://www.copyright.gov/circs/circ1.html#hlc


Here's a simpler chart, with the same information, by 
Lolly Gasaway at the University of North Carolina:
http://www.unc.edu/~unclng/public-d.htm


Almost every link resulting from this search, for
["20 years" "public domain"] bemoans the addition
of 20 years to the already generous period of protection:
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=%2220+years%22+%22public+domain%22

I, like yourself, had heard the concept that songs
entered the public domain after 20 years, and were
then available for use in compilations on CD/cassette.

I searched for hours, looking for any indication that
Time Life can produce the music of two decades ago
with no royalty payments, and came up dry.

The only hint of such a short period is implied in this
article in Reason Online Magazine, by Jesse Walker:

"At the dawn of the republic, copyrights lasted for
 just 14 years and could be renewed for another 14.
 This period has been gradually extended, especially
 lately: It has been lengthened 11 times in the last
 40 years, most recently by the Sonny Bono Copyright
 Term Extension Act of 1998."
http://reason.com/0003/fe.jw.copy.shtml

This implies that, at some time in the last 40 years,
the period of protection was greater than 14 years, 
and perhaps equal to 20 years - but that time has 
come and gone.


Searches done, via Google:

"copyright expiration" books music "20 years"
://www.google.com/search?num=50&hl=en&lr=&ie=UTF-8&oe=UTF-8&safe=off&q=%22copyright+expiration%22+books+music+%2220+years%22

"20 year" "copyright expiration"
://www.google.com/search?num=50&hl=en&lr=&ie=UTF-8&oe=UTF-8&safe=off&q=%2220+year%22+%22copyright+expiration%22

"20 years" "public domain"
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=%2220+years%22+%22public+domain%22

"Time Warner" CDs "20 year" "public domain"
://www.google.com/search?num=50&hl=en&lr=&ie=UTF-8&oe=UTF-8&safe=off&q=%22Time+Warner%22+CDs+%2220+year%22+%22public+domain%22


Please do not rate this answer until you are satisfied that the 
answer cannot be improved upon by means of a dialog with
the researcher through the "Request for Clarification" process.

sublime1-ga
Comments  
Subject: Re: Expiration of copyright after 20 years
From: justaskscott-ga on 07 Dec 2002 20:24 PST
 
What you probably heard was that, in 1998, copyrights were extended
for an additional 20 years, beyond the duration of copyright
protection already provided.  The Supreme Court is hearing a challenge
to that 20-year extension.

"Supreme Court Will Hear Copyright Case Affecting Online Resources",
by Dan Carnevale (February 20, 2002)
The Chronicle of Higher Education
http://chronicle.com/free/2002/02/2002022002t.htm
Subject: Re: Expiration of copyright after 20 years
From: seizer-ga on 08 Dec 2002 05:22 PST
 
Hello there headsetsdotcom.

You may also be interested to read a question I answered last month,
which deals with a related topic:

https://answers.google.com/answers/main?cmd=threadview&id=102986

Regards,

--seizer-ga

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