Term and Termination Summary:
The non-white board version – students learn differently; including many who learn better having
information presented one piece at a time (like a lecture with a white board). Some students learn
better with a chart rather than a lecture, and most students benefit from a summary to help them
review, so without further ado...a summary chart covering the main points of today’s lecture:
Duration of Copyright Term:
Code sections:
302 – 76 Act term
303 – Gap Works
304 – subsisting copyright term
Works
covered
76 Act Created
Works after
1/1/78
Terms Length
of
term
before
1/1/78
(pre76
Act)
1
n/a
09 Act Published 2
Works before
1/1/78
28 +28
Length
of
term
19781998
(76
Act)
Length
of term
after
1998/
Sonny
Bono
Act
WMFH/
Gap Works
Pseudonymous/ (works created
Anonymous
before 1/1/1978,
but unpublished as
of 1/1/78)
Life of
author
+50
Life of
author
+70
Shorter of:
95 years from
publication or
120 from
creation
28+47
28+67
n/a
Longer of:
Life + 70 or 25 years
(until 2003), but
If work is published
before 2003, then
term is longer of
Life+70 or until 2047
n/a
Renewal for 1909 Act works
Before 1978 (1909 Act Rule): Must file to receive second term.
1978 - 1992 (1976 Act Rule): Must file to receive second term.
1992 – 2005 (amended 1976 Act Rule): Auto renewal applies.
2005 - present: there are no subsisting works in their first terms – no more renewals occur.
Termination of Transfers:
Purpose
Transfers
covered
Effective
date
window
Section 203
Create new
estate in 76
Act works
Post 1978
transfers
other than
in WMFH
Five year
window
beginning
35 years
after the
grant (for all
rights
except
publication)
Section
304c and
304d
Distribute
term
extension
windfalls
from 09 Act
transfers
Pre 1978
transfers in
subsisting
works other
than WMFH
1909 Act
Two terms;
second
term is
“new
estate”
1909 Act
works
Five year
window
beginning
56 years
after
original
date of ©
(304c) OR
75 years
after
original
date of ©
(304d)
No
termination
window;
only filing is
renewal for
second
term
Effective
date
window for
right to
publish
Five year
window
beginning
earlier of:
35 years
after
publication
or 40 years
after grant
Effect on
derivative
work
Other
Existing
derivative
right holder
does not
lose rights
to existing
derivative
work due to
termination;
no new
derivative
works
allowed
after
termination
Notice
requirements
are specific
and detailed
as to timing
and content
n/a
Notice
requirements
are specific
and detailed
as to timing
and content
Swamp of
litigation