1. Copyright Law Boston College Law School February 3, 2003 Duration

2. 17 U.S.C. § 301 –“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 70 years after the author’s death.”

3. Duration Terms for different types of works –Individual authors: life + 70 years –Anonymous works, pseudonymous works, works for hire: 95 years from publication or 120 years from creation, whichever is earlier –Joint works: life + 70 years for last surviving author Term extends to end of calendar year

4. Duration History –1790: 14 initial + 14 renewal = 28 total –1831: 28 initial + 14 renewal = 42 total –1909: 28 initial + 28 renewal = 56 total –1976: life + 50 = approx. 80 total –1998: life + 70 = approx. 100 total

5. Duration Created after 1/1/78 –Date: from creation –Term: life + 70 … Published 1964-78 –Date: from publication –Term: 28 initial + 67 renewal (automatic) Published 1923-63 –Date: from publication –Term: 28 initial + 67 renewal (must renew) Published prior to 1923 –Public domain

6. Duration Grounds for extension in 1978 –Increasing life expectancies –Increasing commercial life –No great benefit to consumers –Easier to compute term –Renewal unclear and unfair –Compensate for loss of common law copyright –Harmonization with other countries

7. Limits on Congress’s Power U.S. Const. Art. I, § 8, cl. 8: –“To promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ”

8. Assignment for Next Class Read IV.C - Transfers and Termination Start formalities