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Fair Users' Reference Guide :
How Long Copyright Lasts, and What Is the Public Domain

The Copyright Clause of the Constitution authorizes Congress to create copyright protection for "limited times". In the U.S. today, a work stays under copyright until 70 years after the author's death (sometimes called "life + 70"), or, in the case of copyrights held by corporations, for 95 years.

Congress has lengthened copyright terms considerably from their original 14 years. As recently as 1975, copyright terms were 28 years with an option to renew for 28 more. In 1976, Congress set the term to life plus 50 years, and in 1998, it passed the "Sonny Bono Copyright Term Extension Act" (or "CTEA"), expanding the term to life plus 70. Around the world, most copyright terms are life plus 50 or life plus 70, with many different terms for "works for hire" owned by corporations.

With each extension, Congress expanded the copyright term for new works, and also adjusted the terms for existing works.

Any work published before 1923 is in the public domain under U.S. copyright law. Works published since 1923 should be examined to see if they are still copyrighted.

Once a work enters the public domain, copyright law imposes no restrictions on its use.

Additional Resources:

• Lolly Gasaway (2003) When Works Pass Into the Public Domain
• Peter Hirtle (2004) Copyright Term & the Public Domain in the United States
• Mary Minow (2004) Library Digitization Projects & the Public Domain
• Jason Schultz (2004) Copyright Term and the Public Domain in the United States
• John Mark Ockerbloom, University of Pennsylvania (2006) How can I Tell Whether a Copyright Was Renewed?
• John Mark Ockerbloom, University of Pennsylvania (2006) How Can I Tell Whether a Book Can Go Online?
• Project Gutenberg, (2005) Copyright HOWTO (relatively simple process for confirming the status of a public domain work)
• Eldred.cc: A resource about copyright terms and the public domain. Features information about Eldred v. Ashcroft (the case that unsuccessfully challenged the 1998 copyright term extension) and about new legislative proposals such as the Public Domain Enhancement Act and the Orphan Works proposal.