A Copyright Question - I Believe That Copyright For A Work Now Extends To 70 Years After The Death Of The Author...

[bo]

What I would like answered is - If an author is dead, and their publisher now controls the copyright of 1 of their works, for how extended do the copyright restrictions then persist?Surely it cannot be achievable for the publisher to now handle the copyright, promoting licences to other folks wanting to reproduce the work, "for ever"?

[Llyweilun]

You answered your personal query. No matter how the copyright gets transferred while the author is alive or after he dies, it will expire at the very same time, 70 years right after his death. At that point, the work will enter the public domain, and anybody will be able to reproduce it freely, no matter who held the copyright when it expired. TaradinoC 80 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Ruaidhri]

No matter how the copyright gets transferred although the author is alive or following he dies, it will expire at the exact same time, 70 years after his death. At that point, the operate will enter the public domain, and any person will be able to reproduce it freely, no matter who held the copyright when it expired.

[Carew]

You answered your own question. The copyright term for works published after 1978 lasts for 70 years after the death of the author.  If the author is dead, the term does not change depending on who now owns the copyright because the "author" is determined by who originally created the work, not who now owns it. troyboy 80 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Fairlie]

How Long Copyright Protection EnduresWorks Originally Created on or after January 1, 1978 A work that was created(fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author?s life plus an additional 70 years after the author?s death. In the case of ?a joint work prepared by two or more authors who did not work for hire,? the term lasts for 70 years after the last surviving author?s death. For works made for hire, and for anonymous and pseudonymous works(unless the author?s identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.Works Originally Created before January 1, 1978, But Not Published or Registered by That Date These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works is generally computed in the same way as for works created on or after January 1, 1978: the life-plus-70 or 95/120-year terms apply to them as well. The law provides that in no case would the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2047.Works Originally Created and Published or Registered before January 1, 1978 Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last(28th) year of the first term, the copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights restored under the Uruguay Round Agreements Act(URAA), making these works eligible for a total term of protection of 75 years. Public Law 105-298, enacted on October 27, 1998, further extended the renewal term of copyrights still subsisting on that date by an additional 20 years, providing for a renewal term of 67 years and a total term of protection of 95 years. Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright Act to provide for automatic renewal of the term of copyrights secured between January 1, 1964, and December 31, 1977. Although the renewal term is automatically provided, the Copyright Office does not issue a renewal certificate for these works unless a renewal application and fee are received and registered in the Copyright Office. Public Law 102-307 makes renewal registration optional. Thus, filing for renewal registration is no longer required to extend the original 28-year copyright term to the full 95 years. However, some benefits accrue to renewal registrations that were made during the 28th year.

[Cannan]

Death of the author does not diminish the copyright Fisrt, it is important to recognize that the duration of copyright in a work depends on when it was created(as the US Copyright Act has been amended many times since it was enacted).  You mention the current "life+70" standard, which applies to all works created after 1978, which is what I'll assume for purposes of this answer.  However if you're interested, take a look at the Copyright Office's circular on Copyright Duration for the full run-down:   http://www.copyright.gov/circs/circ15a.html   To answer your question: the Act means what it says.  Copyright in the work lasts during the author's entire lifetime, and then for 70 more years after he/she dies.  In the publishing world, unlike some other industries, the author retains copyright in his/her works.  Thus, after the author dies, the copyright passes to his/her heirs, just like any other property.  The estate, not the publisher, controls the copyright.    Now, it is also important to remember that the publisher will have a license of some kind, usually to publish the work in book form in one or more countries.  However, that does not necessarily cover all the rights, such as film, dramatic adapation, audiobook and subsequent book editions.  You need to go back to the estate to get permission to exercise any of these rights so long as the copyright is in effect(i.e., 70 years).   Believe me, this happens all the time.  I've negotiated with the F. Scott Fitzgerald estate and the Faukner estate for rights, and the authors have been dead for decades.        conocimiento's Recommendations Literary Law Guide for Authors: Copyrights, Trademarks and Contracts in Plain Language Amazon List Price: $19.95 Used from: $4.00 Average Customer Rating: 5.0 out of 5(based on 9 reviews) conocimiento 80 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[hussein]

copyright Yes, you are right that a copyright extends 70 years after the death of an author/creator.  However, upon the death of that author, the copyright doesn't necessarily revert to the publisher.  The copyright would go to the decendents of the creator or would go into public domain--unless the creator willed or signed it over to the publisher or someone else. The copyright is another piece of property that can't be just taken over by an unauthorized person.    If the publisher took the copyrights upon publication, which isn't done too often, then the death of the creator has no bearing on anything.   Poppet!'s Recommendations Understanding Copyright Law: What You NEED to Know! Amazon List Price: $99.99 Patents, Copyrights & Trademarks for Dummies Amazon List Price: $21.99 Used from: $10.00 Average Customer Rating: 4.5 out of 5(based on 3 reviews) Poppet! 80 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Yasir]

Fisrt, it is important to recognize that the duration of copyright in a work depends on when it was created(as the US Copyright Act has been amended many times since it was enacted).  You mention the current "life+70" standard, which applies to all works created after 1978, which is what I'll assume for purposes of this answer.  However if you're interested, take a look at the Copyright Office's circular on Copyright Duration for the full run-down:   http://www.copyright.gov/circs/circ15a.html   To answer your question: the Act means what it says.  Copyright in the work lasts during the author's entire lifetime, and then for 70 more years after he/she dies.  In the publishing world, unlike some other industries, the author retains copyright in his/her works.  Thus, after the author dies, the copyright passes to his/her heirs, just like any other property.  The estate, not the publisher, controls the copyright.    Now, it is also important to remember that the publisher will have a license of some kind, usually to publish the work in book form in one or more countries.  However, that does not necessarily cover all the rights, such as film, dramatic adapation, audiobook and subsequent book editions.  You need to go back to the estate to get permission to exercise any of these rights so long as the copyright is in effect(i.e., 70 years).   Believe me, this happens all the time.  I've negotiated with the F. Scott Fitzgerald estate and the Faukner estate for rights, and the authors have been dead for decades.