Length of copyright protection... from the law itself

by David Eaton Productions - 3/25/07 10:13 AM

In Reply to: DO NOT LET THEM TELL YOU THAT YOU CAN NOT DOWNLOAD OLD MUSIC by ScoopNJ78

I posted this before, but it bears repeating...

Actually, the Law states that for works publised AFTER Jan. 1, 1978, the term is the life of the author, PLUS 70 years.

For works published or copyrighted before Jan. 1, 1978, the term is 28 years if owned by an individual, and an additional 67 years if owned by a corporation (which 99.9% of recordings are.) Therefore, the total is 95 years.

The details are here:

http://www.copyright.gov/title17/92chap3.html

Here is an excerpt...

302. Duration of copyright: Works created on or after January 1, 19784

(a) In General. Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author's death.

And here is the other...

304. Duration of copyright: Subsisting copyrights6

(a) Copyrights in Their First Term on January 1, 1978.

(1)(A) Any copyright, in the first term of which is subsisting on January 1, 1978, shall endure for 28 years from the date it was originally secured.

(B) In the case of

(i) any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or

(ii) any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire,

the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term of 67 years.