Going public When work is protected by copyright and when it�s not
The term �public domain,� and how it applies to U.S. copyright laws, is often misunderstood. In a nutshell, public domain refers to any work or invention whose copyright or patent has expired (or which never had any such legal protection). Plays, along with other kinds of writing, can pass into public domain. But it�s possible that some public domain work also exists in revised, copyright- protected versions. For instance, the U.S. edition of Samuel French�s Basic Catalogue of Plays and Musicals notes that, though the early plays of George Bernard Shaw have long been in the public domain, the playwright revised all his early works for inclusion in later editions of his collected works. These revised, definitive versions, which form the basis for the current Penguin anthology editions and Samuel French acting editions, are protected by copyright and cannot be performed legally without obtaining a license and paying a royalty.
Trying to figure out when a work actually does pass into public domain can be confusing. The table below was prepared by Laura �Lolly� Gasaway, director of the Katherine R. Everett Law Library and professor of law at the University of North Carolina, with footnotes courtesy of Professor Tom Field, Franklin Pierce Law Center, Concord, New Hampshire. It makes the cumulative effects of the Copyright Acts of 1909 and 1976, the Berne Convention Implementation Act of 1988, and the Sonny Bono Copyright Term Extension Act as clear as they probably can be made.
| DATE OF WORK | PROTECTED FROM | TERM |
| Created 1-1-78 or after | When work is fixed in tangible medium of expression | Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2) |
| Published before 1923 | In public domain | None |
| Published from 1923 - 63 | When published with notice3 | 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain |
| Published from 1964 - 77 | When published with notice | 28 years for first term; now automatic extension of 67 years for second term |
| Created before 1-1-78 but not published | 1-1-78, the effective date of the 1976 Act which eliminated common law copyright | Life + 70 years or 12-31-2002, whichever is greater |
| Created before
1-1-78 but published between then and 12-31-2002 |
1-1-78, the effective date of the 1976 Act which eliminated common law copyright | Life + 70 years or 12-31-2047 whichever is greater |
1 Term of joint
works is measured by life of the longest-lived author.
2 Works for hire,
anonymous and pseudonymous works also have this term. 17 U.S.C. §
302(c).
3 Under the 1909
Act, works published without notice went into the public domain upon publication.
Works published without notice between 1-1-78 and 3-1-89, effective date
of the Berne Convention Implementation Act, retained copyright only if
efforts to correct the accidental omission of notice was made within five
years, such as by placing notice on unsold copies. 17 U.S.C. § 405.
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This page last updated on Friday, May 9, 2008