How Long Does Copyright Last? 5 Important Considerations
Understanding How Long Does Copyright Last: A Vital Consideration in the Digital Age3 min read
With the digital age making copyrights increasingly harder to enforce, and the need to protect intellectual property growing by the day, it is now more important than ever to understand how long does copyright last? Whether you are a small business owner or an executive at a multi-national corporation, it is critical to understand the nuances of copyright law as it applies to your particular situation. Fortunately, if you are based in Chicago, there is an excellent team of legal experts that are capable of providing counsel to businesses on the nuances and intricacies of copyright law – UpCounsel.
Intellectual property is a primary source of economic growth and any business seeking to succeed in today’s competitive markets must understand how best to protect themselves and their products. It is for this reason that the protection of intellectual property is at the forefront of The US Copyright Law. Copyright is an important legal concept which covers works of expression, such as writing, music, motion pictures, and art, and provides protection for the creators of these works. In this article, we explore five key considerations with regards to how long does copyright last.
Before delving into the top five considerations of the duration of copyright, it is important to understand the basics of copyrights. All federal copyright protection attaches from the moment the work is created in a tangible, fixed form. According to the US Copyright Office, this means “it does not need to be registered with the Copyright Office to receive protection”. If you fail to register your copyright with the US Copyright Office, you may forfeit some of the benefits of copyright registration such as the ability to file infringement suits.
Once registered, the length of copyright protection varies according to the type of work created. As a general rule, copyright protection lasts for the duration of the author’s life plus an additional 70 years, after which the copyright expires for that particular work. This is applicable to almost all copyrighted works, including those written jointly with another author or authors.
Now, let’s look in more detail at the five key considerations for how long does copyright last.
1. Type of Work: The duration of copyright differs depending on the type of work being protected and the date of creation. For instance, a work created before 1923 may have already fallen into the public domain. For works created after 1978, the duration of copyright protection is the life of the author plus an additional 70 years.
2. Copyright Notice: In order to receive the full benefit of copyright law, it is recommended to affix a copyright notice. This notice must be placed prominently at the beginning or end lines of a work, include the word “copyright”, the year of creation, and the name of the copyright owner.
3. Transfer of Rights: Under copyright law, it is possible to transfer physical or intellectual property from one person to another, so long as it is in writing and has been signed by both the grantor and the grantee. This is known as a ‘licensing agreement’ and covers works such as music and films.
4. Copyright Exploitation: Once a work is copyrighted, it is the copyright owner’s responsibility to exploit the copyright in a manner that will produce the most economic benefit. Typically, this is done through contracts between the copyright owner and various licensees. Unauthorized exploitation is illegal and can result in hefty fines or even criminal prosecution depending on the severity of the infringement.
5. Fair Use: Fair use is another important consideration when determining how long does copyright last. Under US copyright law, “fair use” is a legally permissible use of copyrighted material in certain situations. This includes, but is not limited to, educational and research uses, non-commercial uses, and criticism or comment.
These are just a few of the important considerations when determining how long does copyright last. If you are based in Chicago and require legal counsel that understand local regulation with respect to copyrights, UpCounsel provides the perfect solution. For more information, get in touch now.