When does a patent become public domain?

Answer 1

For works created after Jan. 1, 1978, the copyright lasts for the life of the author, plus 70 years.

If the author of a work is a corporation (which can exist into perpetuity), copyright protection lasts for 95 years from the date of publication, or 120 years from the date of creation, whichever would expire first.

For works created before 1978, things get significantly more complicated. Under the 1909 Copyright Act, which governed until the 1976 Copyright Act went into effect on Jan. 1, 1978, the work had to be registered with the copyright office in order to be protected, and protection started at the date of publication (now, registration is not required, and protection begins when the work is created, whether it's ever published or not).

Copyright protection lasted for 28 years, and it could be renewed at the end of that period for an additional 28 years, creating 56 years of possible protection. So, a work published and registered in 1910 would have 28 years of protection, lasting until 1938. If the author renewed the copyright, it would be extended another 28 years, lasting until 1966, after which it would fall into the public domain.

However, in 1976, as part of the new Copyright Act, Congress added another 19 years to works that were protected under the 1909 Act, creating a total of 75 possible years of protection for works created before 1978.

Of course, it doesn't end there. In 1998, Congress added an additional 20 years of copyright protection for works that were still protected under the 1909 Act, and the 1976 extension. This created a total of 95 years of possible protection for works created before 1978.

However, the 1998 extension went into effect on October 27, 1998, and only extended the copyrights of works that hadn't fallen into the public domain by that point. Because, before then, works created before 1978 had 75 years of protection, any work made before October 27, 1923 would have already fallen into the public domain by the time the 1998 extension went into effect. These works were not effected by the extension, it only applies to works made on or after 10/27/1923.

For example, suppose a work is published on 10/27/1923. Under the 1909 Act, it gets a maximum of 56 years of protection. Let's assume that the author renewed after the expiration of the first 28 year term - it would have expired in 1979. However, under the 1976 extension, an additional 19 years were automatically tacked on to its copyright - keeping it valid until October 27, 1998.

On that date, the 1998 extension went into effect, giving it an additional 20 years of copyright protection, so now its copyright will not expire until October 27, 2018.

Answer 2

There are two ways that a book can enter the public domain.

First the copyright term can expire, either by failure to renew (for pre 1964 works) or at 95 years post publication/70 years post mortem of the original author.

Second, an author can deliberately, at any time, place a book into the public domain thus giving up all rights

Answer 3

Protection begins as soon as a work of sufficient originality is fixed in a tangible medium, perceptible to human eye or by machine or device.

Translated to English the above means as soon as you finish something, (saved as a computer file, developed photo, finished music tape, etc) copyright protection begins.

This of course applies to criminal protection. To be copyrighted in terms of collecting civil damages, the work must be registered. But like it says above, copyright in terms of criminal law begins as soon as a finished work is produced.

Answer 4

Printed music enters the public domain the same as most other materials; works before 1923 are in the public domain, and current (1978-present) works are protected for the life of the creator plus 70 years.

Sound recording copyright is much more elaborate, because until 1978 it was covered by state law, and every state is different.

See the link below for a respected list explaining when materials enter the public domain.

Answer 5

It varies from country to country. In the US, works prior to 1923 are in the public domain, but nothing new will enter the public domain until 2019. Also, works of the US government are public domain in the USA. Works created and published in the USA after 1923 without the necessary copyright notice or renewal are public domain. There are more than ten different rules that apply, depending upon a lot of factors. There is a useful chart at the link below.

Answer 6

New works are protected for the life of the author plus 50 years in most countries (the US has extended this to 70 years). Many types of works have a copyright duration tied to their date of publication, whether 50, 70 or 95 years, depending upon what country it is and what type of work, when it was published, and who owns the copyright.

Under US laws, unpublished works of unknown authors may have copyright that won't expire for 120 years. Similarly, copyright of sound recordings published in the USA prior to 1972 are covered by state laws and NEVER expire. However, those state laws will be pre-empted by federal copyright law in 2067.

Some US works became public domain the moment they were published, having failed to follow the necessary formalities that were abolished in 1989, or they became public domain when their initial 28-year copyright was not renewed or the renewed 28 years expired.

When copyright term expires, the work enters the public domain.

Answer 7

It depends what country it was created in. In members countries of the World Trade Organization, "the term of protection shall expire fifty years after the work has been made available to the public with the consent of the author, or, failing such an event within fifty years from the making of such a work, fifty years after the making" according to article 7 of the Berne Convention. Berne is only a minimum, so the US and some others have extended this; US movies are protected for 95 years from publication or 120 years from creation, whichever comes first.

Answer 8

As a corporate work, a movie is protected for 95 years.