How Long Does Copyright Last?
For works created on or after January 1, 1978, copyright generally lasts for the author's life plus 70 years. Works made for hire and anonymous or pseudonymous works last 95 years from publication or 120 years from creation, whichever ends first. Works published in the US before 1978 generally last up to 95 years from publication, so in 2026 works published in 1930 or earlier are in the public domain. Copyright exists automatically without registration.
Copyright protects original works of authorship fixed in a tangible form, such as books, music, art, photos, software and films (17 U.S.C. 102). It does not protect ideas, facts or methods.
Terms for newer works
For works created on or after January 1, 1978 (17 U.S.C. 302):
| Type of work | Term |
|---|---|
| Individual author | Life of the author plus 70 years |
| Joint authors | 70 years after the last surviving author dies |
| Work made for hire, anonymous or pseudonymous | 95 years from first publication or 120 years from creation, whichever expires first |
Older works
Works published in the US before 1978 follow different rules, generally giving a maximum of 95 years from publication if formalities like notice and renewal were satisfied (17 U.S.C. 304; Copyright Office Circular 15A). Copyright terms run to the end of the calendar year, so each January 1, another year of works enters the public domain. As of January 1, 2026, works published in the US in 1930 or earlier are in the public domain.
Some older works entered the public domain earlier because they were published without notice or not renewed. Determining status can require research.
Do you need to register?
No. Copyright exists automatically once a work is fixed. But registration is generally required for US works before filing an infringement suit, and timely registration unlocks statutory damages and attorney fees. See copyright infringement penalties.
What happens when copyright expires
The work enters the public domain, and anyone can use it. New editions, translations or recordings of a public domain work can have their own copyrights in the new material.
Related protections
- Trademarks can last indefinitely if used; see registering a trademark.
- Patents last much shorter terms; see how to get a patent.
Copyright after the author dies
Copyright passes through the author's will or estate like other property. Authors and heirs may also have rights to terminate certain transfers after a set number of years.
An IP lawyer can determine the status of a specific work.
Sources
- Cornell Law School LII: 17 U.S.C. 302, Duration of copyright for works created on or after January 1, 1978
- Cornell Law School LII: 17 U.S.C. 304, Duration of subsisting copyrights
- U.S. Copyright Office: Circular 15A, Duration of copyright
- Cornell Law School LII: 17 U.S.C. 102, Subject matter of copyright
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.