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17 U.S.C. § 303 — Duration of copyright: Works created but not published or copyrighted before January 1, 1978

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 109 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets copyright terms for works made before 1978 but never published or copyrighted. Copyright starts January 1, 1978, and lasts as long as section 302 says. It can't expire before 2002, or before 2047 if published by the end of 2002.

(a) Copyright in a work created before January 1, 1978, but not yet in the public domain or copyrighted, begins on January 1, 1978. It lasts for the term section 302 sets. But it can never expire before December 31, 2002. And if the work is published on or before December 31, 2002, the copyright can't expire before December 31, 2047. (b) Distributing a phonorecord (a sound recording) before January 1, 1978, does not count, for any purpose, as publishing the musical, dramatic, or literary work recorded on it.
the actual law source: uscode.house.gov ↗public domain
(a)

Copyright in a work created before January 1, 1978, but not theretofore in the public domain or copyrighted, subsists from January 1, 1978, and endures for the term provided by section 302. In no case, however, shall the term of copyright in such a work expire before December 31, 2002; and, if the work is published on or before December 31, 2002, the term of copyright shall not expire before December 31, 2047.

(b)

The distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of any musical work, dramatic work, or literary work embodied therein.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2573; Pub. L. 105–80, § 11, Nov. 13, 1997, 111 Stat. 1534; Pub. L. 105–298, title I, § 102(c), Oct. 27, 1998, 112 Stat. 2827; Pub. L. 111–295, § 5(a), Dec. 9, 2010, 124 Stat. 3181.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2573
  • 1997Amended · Pub. L. 105-80 · 111 Stat. 1534
  • 1998Amended · Pub. L. 105-298 · 112 Stat. 2827
  • 2010Amended · Pub. L. 111-295 · 124 Stat. 3181

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-553 on 1976-10-19.

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