Copyright Law, Fair Use and the Public Domain
by This describes what copyrights are. I am not a lawyer and this should not be used for legal advice, it is simply a research paper.
| DATE OF WORK | PROTECTED FROM | TERM |
| Created 1-1-78 or after | When work is fixed in tangible medium of expression | Life + 70 years(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation |
| Published before 1923 | In public domain | None |
| Published from 1923 – 63 | When published with notice | 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain |
| Published from 1964 – 77 | When published with notice | 28 years for first term; now automatic extension of 67 years for second term |
| Created before 1-1-78 but not published | 1-1-78, the effective date of the 1976 Act which eliminated common law copyright | Life + 70 years or 12-31-2002, whichever is greater |
| Created before
1-1-78 but published between then and 12-31-2002 |
1-1-78, the effective date of the 1976 Act which eliminated common law copyright | Life + 70 years or 12-31-2047 whichever is greater |
In the case you are using somebody’s work that is protected by a foreign countries copyright law, make sure you look into that country’s law because they might have different laws that you could be prosecuted under. Also be careful about works written a long time ago in foreign countries that have been translated into English. The copyright on the work in the original language might be up, but any translation translated and published in the United States would be protected under our laws and you could be prosecuted here by the publisher of the work. In the same way be careful of retellings or variations of things in the public domain, because these will also be protected under copyright law.
Copyright law is obviously a very difficult thing to deal with. There is so much left up to the personal interpretation of the judges and copyright holders on what is fair use. If unsure about if what is fair use, one should always consult a lawyer for advice or go directly to the copyright holder for permission. Most times when material is used for personal use, nothing will happen, but if you are looking to publish a work that uses copyright material in it or if your work will be made available for large audiences to see, permission should definitely be obtained before proceeding. The fact is that fair use is just too hard to figure out on your own. It is better to be safe than sorry. Figuring out how to get permission and getting it is easier than getting sued over it.
Liked it
