Re: Copyright Extension Bill Passes Congress

From: Bob Stock <bstock[_at_]ucla.edu>
Date: Sat, 10 Oct 1998 08:15:28 -0700

On 10/9/98, Pat Sloane <patsloane[_at_]aol.com> wrote:
>
> Is this retroactive? Can I still assume that work published before
> 1922 is now public domain?

Although I'm not sure I read the legislation that was actually passed, what I read alters the copyright term in the following ways with respect to the followiing works:

1. For works created on or after 1/1/1978, the term will now be life+70. (302)
2. For works made for hire the term is 95 or 120. (302)
3. For works created before 1/1/1978 but not published or copyrighted, copyright expiration will be no later than 12/31/2047. (303)
4. For subsisting copyrights, add 20 years such that all owners who are entitled to an extra 47 years are now entitled to an extra 67 years, and those who were entitled to 75 years from date of original copyright are now entitled to 95. (304)

http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.604:

All numbers in parentheses refer to section numbers of Title 17.

As I read it, then, any copyright that has already expired under the former statutory provisions before the new provisions become law, cannot unexpire. However, those that have not, obtain a 20-year boon.

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Bob Stock <bstock[_at_]ucla.edu>
UCLA School of Law '98
http://www.geocities.com/Paris/1206/

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Received on Sat Oct 10 1998 - 15:13:41 GMT