LIB: Copyright & Fair Use

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors.

To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.

Public domain works are outside of copyright law and may be freely used by everyone. These works include:

• Writings published before 1978 and never copyrighted.
• Published works whose copyrights have expired. Generally all copyrighted works dated before 1906 have expired. Any copyrights dated since 1906 may still be in effect. Information regarding copyright expirations may be obtained from the copyright holder (usually the publisher) or from the U. S. Copyright Office. (www.copyright.gov)
• U.S. Government publications.

Most works enter the public domain because of old age, although a number of other variables can come into play. Use the Copyright Slider Tool below to determine if a work is still protected by copyright.