The following is a partial précis of US Copyright Laws, particularly with reference
to time limits on copyright. It was compiled by Don Furgesson, a Noteworthy user, from Internet sources, but he accepts no responsibility to its accuracy. (Most notably, this was compiled before the Sonny Bono Copyright Term Extension Act).
English copyright law is detailed at https://www.gov.uk/government/organisations/intellectual-property-office and summarised below.
I did some research on the current US Copyright laws. Shown below
are some pertinent paragraphs and URL references for your further inspection.
This post is to help guide NWC users regarding questions on copyright
time frames for purposes of determining length of time for copyright protection.
The summary below does not necessarily represent definitive legal opinion.
If in doubt, seek the advice of a copyright lawyer.
For works published in the years 1904 through 1963, the copyright lasted
for 28 years from date of publication; if the copyright was not renewed,
it lapsed, and the work went into the public domain. Another 28 years
of protection could be obtained by filing a renewal, for a total term of
56 years (1906 comes from the fact that the U.S. effectively switched to
a 47-year second term in 1962, and 1962 minus 56 (the old maximum duration
of two 28-year terms) equals 1906). If the copyright was not
renewed after its initial 28-year term, the work lapsed into public domain.
Generally, all copyrights secured in 1918 or earlier lapsed at the latest
in 1993 and are now in public domain (1993 (last year) minus 75 equals
1918). Copyrights secured in the period 1919 through 1949 continue
to exist only if they were renewed, and expire in the period 1994 through
§ 302. Duration of copyright: Works created on or after January
(a) In General. Copyright in a work created on or after January 1, 1978, subsists from its creation and, except
as provided by the following subsections, endures for a term consisting of the life of the author and fifty years after the author's death.
(b) Joint Works. In the case of a joint work prepared by two or more authors who did not work for hire, the copyright
endures for a term consisting of the life of the last surviving author and fifty years after such last surviving author's death.
HOW LONG COPYRIGHT PROTECTION ENDURES
Works Originally Created On or After January 1, 1978
A work that is 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 50 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 50 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 75 years from publication or 100 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 will generally be computed in the same way as for works created on
or after January 1, 1978: the life-plus-50 or 75/100-year terms will apply
to them as well. The law provides that in no case will 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, 2027.
Works Originally Created and Published or Registered Before January
Under the law in effect before 1978, copyright was secured either on
the date a work was published 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 current copyright law has extended the renewal term from 28 to 47 years
for copyrights that were subsisting on January 1, 1978, making these works
eligible for a total term of protection of 75 years.
Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright
Act to extend automatically the term of copyrights secured between January
1, 1964, and December 31, 1977, to the further term of 47 years. 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.
P.L.102-307 makes renewal registration optional. There is no need to
make the renewal filing in order to extend the original 28-year copyright
term to the full 75 years. However, some benefits accrue from making a
renewal registration during the 28th year of the original term.
For more detailed information on renewal of copyright and the copyright
term, request Circular 15, “Renewal of Copyright”; Circular 15a, “ Duration
of Copyright”; and Circular 15t, “Extension of Copyright Terms.”
Looks like 75 year copyright protection is the magic number for music published before 1/1/78.
Therefore 1999 - 75 =1924. Any music prior to 1924 should be in public domain.
Sonny Bono Copyright Term Extension Act
On October 7, 1998, both the US House and the Senate passed S. 505, the "Sonny Bono Copyright Term Extension Act,"extending the term of copyright protection by another 20 years.
for more details, or read below (information from US Copyright Office):
The Sonny Bono Copyright Term Extension Act, signed into law on October 27, 1998, amends the provisions concerning duration of copyright protection. Effective immediately, the terms of copyright are generally extended for an additional 20 years. Specific provisions are as follows:
- For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first;
- For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years, but in no case will expire earlier than December 31, 2002. If the work is published before December 31, 2002, the term will not expire before December 31, 2047;
- For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date that copyright was originally secured. For further information see Circular 15a. .
If you have any copyright queries with a particular piece on this site,
please e-mail in the first instance the submitter of the piece shown in the details.
If that brings you no joy, contact
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English Copyright in a Nutshell
"Copyright in a literary, dramatic, musical or artistic work (including
a photograph) lasts until 70 years after the death of the author. The
duration of copyright in a film is 70 years after the death of the last
to survive of the principal director, the authors of the screenplay and
dialogue, and the composer of any music specially created for the film.
Sound recordings, broadcasts and cable programmes are protected for 50
years, and published editions are protected for 25 years.
However, these terms of protection essentially apply only to works
originating in the United Kingdom or another state in the European
Economic Area. In other cases, the term of protection granted in the
United Kingdom is that given by the country of origin of the work, which
may be shorter."
See https://www.gov.uk/topic/intellectual-property/copyright for more details. Thanks to Geoff Walker for this reference.
Another source of copyright information on the web is http://lp.findlaw.com/.
A good reference for IPR (Intellectual Property Rights), Copyright and Trademarks has been supplied by Sarah, a Scriptorium user, after one of her students supplied the reference.