Limitations on Exclusive Rights
In order to promote the progress of science and the
useful arts, the copyright statute places several significant
limitations on the exclusive rights of the copyright holder. These
limitations include:
Term of Copyright: copyright protection lasts
a long time but not forever.
- For works created January 1, 1978 or after, the copyright protection
extends for the life of the author plus 70 years. For works made
for hire, anonymous, or pseudonymous works, copyright protection
extends 95 years from the date of publication or 120 years from
the date of creation,whichever is shorter.
- Public Domain: If a work is in the public domain, it
can be used for any purpose without violating copyright law. To
determine if a work is in the public domain is easier said than
done since our copyright law has changed many times over the past
several hundred years. Works published in the United States before
1923 are in the public domain in this country. To determine if
a work has entered the public domain through expiration of copyright,
see When Works
Pass Into the Public Domain by Laura N. Gasaway.
Other works in the public domain include works created
by a federal government employee within the scope of his/her federal
employment and works that lost their copyright protection through
failure to comply with U.S. formalities when they were required.
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