Copyright is the right to copy and publish a particular work. The terms "copy" and "publish" are quite broad. They include copying in electronic form, the making of translated versions, the creation of a television program based on the work, and putting the work on the Internet. A work is protected by copyright if it is a literary or artistic work. This general expression covers almost all products of creative and original effort. Copyright protects only the specific expression of an idea, not the idea itself. A collection of facts may be copyrighted if there was creative activity involved in compiling the collection. Several countries provide separate protection for collections of facts that qualify as "databases", but that provision is not considered copyright. Copyright protection is automatic upon creation of the work. In some countries, registration with a copyright office has additional benefits, such as the ability to sue, or to receive more money in damages. When a work's copyright term ends, the work passes into the public domain.
Berne Convention
The Berne Convention stipulates that the duration of the term for copyright protection is the life of the author plus at least 50 years after their death.[1] For some categories of works, the minimum duration is shorter: for example, the minimum term for applied art is 25 years, movies have a minimum term of 50 years. Most countries have opted for a longer term of protection, as permitted.
Under the Convention, the duration of copyright depends on the length of the author's life. Berne specifies that copyright exists a minimum of 50 years after the author's death,[1] while a number of countries, including the European Union and the United States, have extended that to 70 years after the author's death. A small number of countries have extended copyright even further, with Mexico having the lengthiest term at 100 years after the author's death.
United States
In 1989, the Berne Convention became effective in the U.S. Since that date, U.S. authors obtain copyright on their works automatically, with registration no longer required. However, many U.S. texts on copyright have not been updated and still echo the old registration principle.[2]
Copyright registration remains available in the U.S. To initiate a lawsuit against an infringer, registration is still required. Registration offers the potential of statutory damages from the infringer, rather than only actual damages.[clarification needed]
European Union
All countries within the European Union are signatory states of the Berne Convention. Additionally, Copyright in the European Union is regulated through European Directives.
The member states of the European Union have, following a directive, increased the term to life of the author plus 70 years after their death. Although this was not the original intention, the extension applies retroactively; this had the effect that works that had ended up in the public domain because the author was dead for 50 years, received an additional twenty years of protection.
European countries follow the principle that copyright protection is granted automatically upon creation of the work. This principle was first established in the Berne Convention (1886), and Article 5 of the Convention expressly forbids any member country to require formal action for copyright protection.[3][4][5][6]
Life + xx years = Copyrighted for authors' lifetime plus xx years after their deaths
xx years after publication, creation, etc. = copyrighted for xx years since publication, creation, etc., of works
Until year end = Copyrighted until the end of a calendar year, i.e. 31 December, unless otherwise specified
Berne = Country has signed the Berne Convention, see Berne in the "Countries, ..." column
TRIPS = The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members. This also indicates that this country has at least a minimum of 50 years after the death of the creator until the copyright expires.
WCT = The World Intellectual Property Organization Copyright Treaty, (WIPO Copyright Treaty or WCT), is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996.
50 years from publication (anonymous or pseudonymous work)[7]
50 years from publication (published after authors' deaths)[7] 50 years from publication (audiovisual works)[7] 50 years from publication (photographic, painting works)[7] 50 years from creation (phonogram)[7]
70 years from publication (anonymous or pseudonymous work)[8]: Art. 18
70 years from publication; 70 years from creation if unpublished (photographic or audiovisual work of joint authorship)[9] 25 years from production (works of applied art)[8]: Art. 20
Life + 50 years (except posthumous work)[10]: Art. 54
50 years from publication; 50 years from creation if unpublished (collective work, anonymous or pseudonymous work, audiovisual work, posthumous work)[10]: Arts. 56–58, 60
50 years from creation (photographs or the work of applied art)[10]: Art. 59
50 years from publication; 50 years from creation if unpublished (anonymous or pseudonymous work, computer generated work, sound recording or film)[15]: s. 10(2), (4), 11(1)
50 years from creation (broadcast); 50 years after programme included in a cable programme service[15]: s. 12(1) 25 years from publication (typographical arrangement of a published edition)[15]: s. 13
50 years from publication (anonymous intellectual works belonging to institutions, corporations or legal persons)[16]: Art. 8 Phonograms: 70 years from first publication.[17][18][19][20] Photographs: 20 years from first publication.[21] Cinematographic works: 50 years after death of the last survivor among the producer, the director, the screenplay writer or the composer (for musical comedies).[21]
70 years from publication (sound recordings, cinematograph films)[24]: s. 93, 94
50 years after making (television broadcasts and sound broadcasts)[24]: s. 95 25 years from publication (published editions of works)[24]: s. 96 [50 years from publication (photographs, no longer applicable since 1 January 2005)][25]
Life + 50 calendar years (except posthumous work)[29]: Art. 31(1)
50 calendar years from publication (cinematographic films, applied arts works and photographs; anonymous or pseudonymous works; corporate works; posthumous works)[29]: Art. 31(2)(a–d)
40 years from publication or 50 years from completion, whichever is shorter (computer software)[29]: Art. 31(3)
Life + 60 years or Publication + 60 years[30]: s. 24
60 years from publication (cinematographic films,[30]: s. 26 sound recordings,[30]: s. 27 photographs,[30]: s. 28 computer programmes[30]: s. 28A or works of the Government, local authority or an international organisation[30]: ss. 30–32 )
50 years from publication (anonymous or pseudonymous works)[32]: s. 10(3)
50 years from making (computer-generated work)[32]: s. 10(4) 50 years from publication; 50 years from creation if unpublished (sound recordings and films)[32]: s. 11 50 years from creation (broadcast); 50 years after programme included in a cable programme service[32]: s. 12 25 years from publication (typographical arrangement of a published edition)[32]: s. 13
50 years from publication or if unpublished 50 years from creation (anonymous or pseudonymous works)[33]: Art. 22(2)
50 years from fixation (performance)[33]: Art. 38(1) 50 years from publication or if unpublished 50 years from fixation (phonogram)[33]: Art. 38(2) 50 years from the first broadcast or cable transmission[33]: Art. 38(3)
50 years from publication (anonymous or pseudonymous work)[35] 50 years from publication (sound recording or film)[35] 50 years from publication (computer-generated work)[35]
50 years from publication or if not shown 50 years from creation (cinematographic works)[39]
50 years from publication (anonymous or pseudonymous works)[40] 25 years from creation (photographic works)[41] Signatories may grant longer terms.[38]
Life + 70 years (except certain posthumous works)[54][55]
[Life + 50 years (death before 1972)]
75 years from publication or 100 years from creation, whichever is shorter (anonymous works). There is no revival of copyright in any work in which the copyright had expired before the coming into force in January 2023 of the extension of the term of copyright from 50 to 70 years.
50 years from publication, or if unpublished, 50 years from creation (works of legal entities, cinematographic works, films or photographic works)[58]: paras. 2–3
Life + 70 years (except posthumous works published within this period)[63]: Art. 45(1)
70 years from publication (photographic or audiovisual works or works of applied art; anonymous or pseudonymous works; posthumous works)[63]: Art. 45(3)(a–c)
For a cinematographic work, 50 years from the date when the work was made lawfully accessible to the public with the author's consent.[70]: Art. 15 For a photographic work or work of applied art, 25 years from the production of the work[70]: Art. 16
Life + 80 years.[76][77] However, there are additional expiration rules in Article 38 of the Main Equatorial Guinea Intellectual Property Law which may affect this.
Anonymous or pseudonymous works only: "70 years after the work is lawfully made available to the public" (Art.1(3)). Protection ends if the work is not made available within 70 years from creation. (Art.1(6)).[82]: Art. 1 (3), (6)
Life + 70 years (except posthumous works published after this term)[e][86]: Arts. L123-1, L123-2
The following additions to copyright term formerly applied to all works, but the French Cour de Cassation has found them to be superseded by later copyright treaties, thus limiting the copyright term to life + 70 years total, at least for non-musical works of authors who did not "die for France".[87]
+ 6 years 152 days for musical work published through 1920[86]: Art. L123-8 + 8 years and 120 days for musical work published through 1947[86]: Art. L123-9 + 30 years for all works if the author died on active service (based on the former copyright term, which was life + 50 years, meaning that, in practice, the addition is 10 years longer than the current life + 70 years term)[86]: Art. L123-10
70 years from publication (pseudonymous, anonymous or collective works)[86]: Art. L123-3
25 years from publication (posthumous works published after Art. L123-1 term)[86]: L123-4
Yes[86]: Arts. L123-1, L123-3, L123-4, but not Arts. L123-8 or L123-9
25 years from first publication or first public performance if copyright has expired before such publication or performance, or if the work has never been protected in Germany and the author died more than 70 years before the first publication[91]
75 years from publication or if unpublished 75 years from creation (computer programs and collective works; anonymous or pseudonymous works; audiovisual works)[96]: Arts. 44, 45, 47
50 years from publication or if unpublished 50 years from creation (literary, dramatic, musical or artistic works with unknown authorship)[101]: s. 17(3)
50 years from publication or if unpublished 50 years from creation (sound recordings)[102]: s. 18 50 years from creation (broadcast); 50 years after programme included in a cable programme service[102]: s. 20 25 years from publication (typographical arrangement of published editions)[102]: s. 21
If there are multiple authors, life of last surviving author + 70 years[103]: s. 31(4)
70 years and shall be counted from the first day of the year following the first disclosure of the work in case the person of the author is unknown. However, should the author become known during this period of time, the term of protection shall be counted from the first day of the year following the death of the author.[103]: s. 31(3)
70 years counted from the first day of the year following the first disclosure of a collective work or a cinematographic creation.[103]: s. 31(5)(6)
25 years from the first day of the year following the first disclosure if copyright protection of a scope consistent with the author's economic rights shall be due to the person who, following the expiration of the term of protection or the period of time determined in the term of protection shall be counted from a date other than the first day of the year following the death of the author, the author dying last, or the joint author, discloses according to the law a work previously not disclosed to the public.[103]: s. 31(7), 32
As an exception expressions of folklore themselves do not, however, enjoy copyright protection in Hungary.[103]: s. 1(7)
Life + 60 years (except posthumous works)[i][106]: s. 22
60 years from publication (posthumous works, photographs, cinematograph films, sound recordings, works of public undertakings, and works of international organisations)[106]: ss. 24–27, 28A, 29
70 years from publication (anonymous or pseudonymous work)[116]: Art. 27
20 years from publication (copyright of State, the provinces, the communes, the academies or public cultural organizations, or to private legal entities of a non-profit making character)
Life + 95 years (for authors that died in 1962 or later)[118]
Life + 50 years (for authors that died before 1962)
[119]
: s. 10(1)
95 years from publication (anonymous or pseudonymous work, work for hire)[119]: s. 10(2), s. 13A
95 years from creation (computer-generated work, broadcast, cable programme)[119]: s. 10(4), 12(1) 95 years from publication or if unpublished 95 years from creation (sound recording or film)[119]: s. 11 50 years from publication (typographical arrangement of a published edition)[119]: s. 13
70 years from publication, or if unpublished, 70 years from creation (cinematographic works)[121]: Art. 54(1)
70 years from publication, or if unpublished, 70 years from creation (works of a legal person or other corporate body)[122][121]: Art. 53(1)
70 years from creation (cinematographic works), and 38 years after the film director's death (for films released before 1971), whichever comes last.: Art. 3 : Art. 22(3)
50 years after making available. Also: • Anonymous/pseudonymous work: 50 years from the date the work was made available to the public; • Cinematographic work: 50 years from making available, failing that, 50 years from making; • Applied art: 25 years from date of creation.
Related: Performances, phonograms, broadcasts: 50 years since the date of performance, fixation, and broadcast, respectively.
50 years after lawful publication; failing publication, 50 years after work completion. Also: • economic rights: 50 years from performance. • moral rights: perpetual • broadcasters' rights: 20 years after first broadcasting.[136]
Life + 50 years (literary, musical and artistic works, not posthumous)[145]: s. 17(1)
50 years after publication (posthumous work, published edition, film, live performance)[145]: s. 17(2), s. 18, s. 22, s. 23A
50 years after publication or if unpublished 50 years from creation (anonymous, pseudonymous work, sound recording, broadcast, film)[145]: s. 17(3), s. 19
50 years after being made (broadcast)[145]: s. 20
Yes[145]: s. 17(2), (3), s. 18, s. 19, s. 20, s. 22, s. 23A
0, no copyright.[k][149][150] At this stage the Republic of Marshall Islands is not member to any international convention [or treaty] on copyright[151] Instead applies a non-copyright-based protection regime.
0, no copyright.[k] Instead applies a non-copyright-based protection regime.
Life + 100 years (effective 23 July 2003 non-retroactively)[153]
Life + 75 years (before the law change on 23 July 2003, applicable for deaths before 23 July 1928)[154] Life + 50 years (before the law change on 1 January 1994, applicable for deaths before 1 January 1944)[155] Life + 30 years (before the law change on 11 January 1982, applicable for deaths before 1 January 1952)
75 years from the first fixation of the recording or the first performance/recording of the performance, respectively.
50 years from first publication of the book, the first fixation of the recording, or the first broadcast.
70 years after a work's lawful publication; if no lawful publication has taken place within 50 years of the making, copyright lasts for 70 years after the work's communication to the public; if no lawful communication to the public has taken place within 50 years of the making, copyright lasts for 70 years after the work is made; and
moral rights last perpetually.
70 years for Performers' rights, if no lawful publication has taken place within 50 years of the performance, copyright lasts for 70 years after the work's first performance.
70 years for Broadcasters' rights: if no lawful publication has taken place within 50 years of the work's creation, copyright lasts for 70 years after the work's creation.[162]
25 years after work was made (applied art)[165]: s. 18 (4)
25 years after publication (typographical arrangement of a published edition)[165]: s. 18 (5)
50 years after the latest of creation, availability to the public, or publication (collective work or film)[165]: s. 18 (3)
100 years after creation (government works)[165]: s. 15 (3)
Life + 70 years (literary, musical or artistic works other than photographs)[175]
70 years from publication (literary, musical or non-photograph artistic works in the case of government or a body corporate)
50 years from publication (cinematograph films and photographs)
50 years from publication (sound recordings)
50 years from publication (broadcasts)[175]
Life + 15 years, but no less than 50 years after publication ("'simple' photographs")[177][178]
70 years following the year of death of the author (i.e. an author that died in 1950 will have their works protected until 1 January 2021). In a collective or joint work, this is counted from the death of the longest surviving author. For a motion picture, the following are to be considered authors: main director, scriptwriter, dialogue author, and composer of original musical score.
70 years for anonymous works from the year when the work was created. If such an unpublished work, whose copyright has expired, is then later published, the publisher is entitled for a copyright for 25 years from the year of publication[177]
One exception from the rule is works that are already in public domain in their country of origin who are members of the Berne Union and/or WTO. These will enter public domain in Norway once they enter public domain in the country of their origin even if less than 70 years have passed since the creators' death.[179]
"Norway also has some peculiar laws that protect «simple» photographs. I.e. photographs, such as snapshots, that are below the threshold of originality to merit copyright protection are given neighbouring rights protection.
[..]
The Norwegian copyright act does not address public domain directly.
The Norwegian copyright law defines two basic rights for authors: economic rights and moral rights.
[..]
For material that is outside the scope of copyright, the phrase «i det fri» («in the free») is used. This corresponds roughly to the term «public domain» in English. Norwegian copyright law makes a distinction between copyright and neighbouring rights. Only creative and artistic works are subject to copyright. Some other types of works are protected by so-called neighbouring rights."[177]
70 years from publication if published within 70 years from death (posthumous publication)
70 years from publication if published before 3 August 1993 by a corporation (cinematographic, television, radio works, print periodicals and compilations).[194] Protection term applies to "the whole work" only, i.e. individual authors of each protectable part of the whole work retain their own copyright[197]
All works published prior to the October Revolution (7 November 1917) are believed to be uncopyrighted.
Life + 75 years (literary, dramatic, musical or artistic work)[199]
75 years from publication or if unpublished 50 years from creation (sound recording or film)[199]: s. 9(1)
50 years from creation (computer-generated work)[199]: s. 8(4) 50 years from creation (broadcast); 50 years after programme included in a cable programme service[199]: s. 10(1)
Life + 70 years (except posthumous work)[209][210]: s. 28(2)
70 years from publication (posthumous work, photograph)[210]: s. 28(3), (6)
70 years from publication (sound recordings and cinematograph films)[210]: s. 92, 93 50 years after making (television broadcasts, sound broadcasts, cable programmes)[210]: s. 94, 95 25 years from publication (published editions of works)[210]: s. 96
25 years from publication (photographic pictures and cinematographic films and other audiovisual works; works published under unknown pseudonym or anonymously)[217]: s. 13(3)(a), (c)
Life + 50 years (except posthumous works first published 40 to 50 years after death)[224]: Art. 30
50 years from publication (anonymous or pseudonymous work)[224]: Art. 32
50 years from publication; 50 years from creation if unpublished (corporate works; photographic works, audiovisual works, sound recordings, and performances)[224]: Arts. 33, 34 10 years from publication (posthumous works first published 40 to 50 years after death)[224]: Art. 30
economic rights: reproduction right; right of adaptation and translation; public performance right; broadcasting right; right of communication to the public by cable or satellite or any other means; right of communication of a broadcast work in a public place.
moral rights: right to claim authorship; right to object modification; right of disclosure; right of withdrawal.
Performers' rights: The law contains no provisions regarding performers.
Broadcasters' rights: The law contains no provisions regarding broadcasters.[232]
If there are multiple authors, life of last surviving author + 70 years[238]: s. 12
For films, life + 70 years for the last to die of: principal director, author of screenplay, author of dialogue, or composer of music specifically created for and used in the film.[238]: s. 13B
70 years if the author is unknown
70 years after release; if not released, 70 years after making (sound recordings).[239] Recordings which entered the public domain prior to 1 January 2013 are not retroactively covered.
50 years from end of calendar year when the broadcast was first made (broadcasts)[238]: s. 14
Life + 70 years (works published since 1978 or unpublished works)[241]
95 years from publication or 120 years from creation, whichever is shorter (anonymous works, pseudonymous works, or works made for hire, published since 1978)[242]
95 years from publication for works published 1964–1977; 28 (if copyright not renewed) or 95 years from publication for works published 1930–1963 (copyrights prior to 1930 have expired, not including copyrights on sound recordings fixed prior to 15 February 1972, covered only under state laws.)[243]
25 years after the work is made (works of applied art)[250]
50 years after the latest of: the date the work is made, the date the work is made available to the public or the date of first publication (works published anonymously or under a pseudonym, collective works and audiovisual works)[250]
50 years after the death of the last author to die (works of joint authorship)[250]
^ abTerms of protection were taken from a variety of sources, including WIPO, UNESCO and the University of Pennsylvania (see External links). Where no more specific information is available for a country, an indication of its probable minimum copyright term can be gained from its status as:
a signatory of the Berne Convention ("Berne"); minimum term of life + 50 years, except for photographs.
a member of the WTO ("TRIPS"); minimum term of life + 50 years.
a candidate for membership of the European Union ("EU"); term must be life + 70 years before accession.
^An audiovisual work is copyrighted in Andorra for the same term, computed from the last of the following persons to survive: the principal director, the author of the scenario, the author of the dialogue and the composer of music specifically created for the audiovisual work.
^A cinematographic work is copyrighted in Austria for the same term, computed from the last surviving person among the following: the principal director of the film and the authors of the screenplay, the dialogues and the musical work specially created for the cinematographic work.
^Examples of protected works are literature, music, theatre, film, the visual arts – including photography, architecture, decorative arts – and computer programmes. It is the expression of the work which is protected – that is to say, the work's singular design or presentation. Copyright applies from the moment of creation of the work. Thus, protection does not depend on any kind of registration.[69]
^An audiovisual work is copyrighted in France for the same term, computed from the last surviving person among the following: the author of the scenario, the author of the dialogue, the author of the musical compositions, with or without words, specially composed for the work and the main director.
^An audiovisual work is copyrighted in Greece for the same term, computed from the last of the following persons to survive: the principal director, the author of the screenplay, the author of the dialogue and the composer of the music specifically created for use in the audiovisual work.
^ abThe Special Administrative Regions of Hong Kong and Macau have their own status, distinct from that of the rest of China, under international copyright and trade law
^Computed from the last of the following persons with known identity to survive: (a) the principal director; (b) the author of the screenplay; (c) the author of the dialogue; or (d) the composer of music specially created for and used in the film.
^Literary, dramatic, musical, and non-photograph artistic works.
^The law entered into force 16 January 2012.[130][131]
^ abUnauthorized sale or commercial use of sound & audio-visual recordings is prohibited (Unauthorized Copies of Recorded Materials Act, 1991).
^Montenegro is assumed to have succeeded to the copyright obligations of Serbia and Montenegro. See Serbia also.
^Serbia is deemed to be a successor state of Serbia and Montenegro, which itself was a successor state to Yugoslavia for international copyright treaties, notably the Berne Convention, effective 17 June 1930
^ abc*"Autoriõiguse seadus (AutÕS)" [Copyright Act (effective from 28 November 2018)] (in Estonian). Estonia: Riigi Teataja. 28 November 2018. Archived from the original on 6 December 2018. Retrieved 6 December 2018.
"Copyright Act". Estonia: Riigi Teataja. 28 November 2018. Archived from the original on 6 December 2018. Retrieved 6 December 2018.
^Wondwossen Belete (2004), The Intellectual Property System in Ethiopia, Ethiopian Intellectual Property Office, Addis Ababa, December 2004; see also [1]Archived 26 July 2011 at the Wayback Machine
^"環太平洋パートナーシップ協定の締結に伴う関係法律の整備 / 文化庁" [Development of related laws in conjunction with the conclusion of the Trans-Pacific Partnership Agreement] (in Japanese). Agency for Cultural Affairs. Archived from the original on 30 March 2019. Retrieved 6 April 2019.
^"The Copyright Act, 2059 (2002)"(PDF). Government of Nepal, Ministry of Federal Affairs, Constituent Assembly, Parliamentary Affairs and Culture. Archived from the original(PDF) on 20 July 2011. Retrieved 25 April 2011.