Copyright is a form of legal protection granted to creators of intellectual works, giving them exclusive rights to control how their works are used. However, copyright does not last indefinitely. This article explains the duration of copyright protection for various types of works and provides solutions for when copyright expires.
Read Everything You Need to Know about Music Copyright here.
Copyright laws establish the duration of protection for various types of creative works, ensuring that creators and rights holders are granted exclusive rights to their intellectual property for a specified period. Also, the duration of copyright protection varies depending on the type of work. For example, the copyright duration for musical works differs from that for literary works. So, how long does copyright last?
How Long Does Copyright Last?
Copyright is a crucial component of intellectual property law, granting creators exclusive rights to determine how their works can be used. The duration of copyright protection varies based on the type of work produced. Here are the details of copyright protection periods for different categories of works:
Artistic Works, Including Photos
Artistic works that receive copyright protection include paintings, photos, sculptures, cartoons, logos, and carvings. Additionally, artistic works like ceramics and handicrafts are also protected by copyright.
The duration of copyright protection for artistic works available to the public is the lifetime of the creator plus 70 years after their death. For works created anonymously or under a pseudonym, the copyright lasts for 70 years from the end of the year of first publication. Copyright will expire if the creator died before January 1, 1955.
Dramatic Works
Any work intended for dramatic performance falls into the category of dramatic works. This includes scripts, screenplays, dramas, choreographic performances, choreographic notations, and film scripts.
The duration of copyright for dramatic works is the lifetime of the author plus 70 years. This protection applies to dramatic works that are performed, published, or made available to the public during the author’s lifetime. For dramatic works published or made public after the author’s death, the copyright lasts 70 years from the end of the year of first publication. Copyright will expire if the author died before January 1, 1995.
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Literary Works
Literary works include materials such as anthologies, books, novels, song lyrics, poems, as well as computer programs and software. Copyright also protects short works like individual poems and abstracts.
For literary works available or published to the public during the author’s lifetime, the copyright duration is the lifetime of the author plus 70 years. If the work is published after the author’s death, the copyright lasts for 70 years from the end of the year the work first became available or was published. This rule also applies to works created under a pseudonym or anonymously.
For unpublished literary works, the copyright duration is the same as for published works, effective from January 1, 2019. If the author died before January 1, 1955, and the work was published during their lifetime, the copyright still expires.
Musical Works
As the name suggests, this field includes all musical-related things, such as compositions and arrangements.
How long does copyright last for musical works? Similar to the previous art-related works explained before, they are protected by copyright for 70 years following the composer’s death.
Whether the work was published, performed, or made public during the composer’s lifetime or afterward, the copyright endures for the same duration.
However, if the composer died before January 1, 1955, and the work was published during their lifetime, the copyright lasts for 70 years from the date of publication.
Aside from the musical works creators, performers also hold rights over their performances, necessitating proper authorization for their use.
Films and Television Broadcasts
Similarly, the copyright protection for films and television broadcasts extends for 70 years from the end of the year in which they were first published or made available to the public.
This duration applies regardless of whether the works were published or unpublished. However, for films created before May 1, 1969, the copyright status may vary.
In general, creators of films and television broadcasts hold exclusive rights to perform, screen, reproduce, or communicate their works.
On the other hand, broadcasters own the copyright in television broadcasts, while creators retain rights in the underlying works included in films.
Sound Recordings and Radio Broadcasts
Last question, how long does copyright last for sound recordings and radio broadcasts? First of all, it is important to note that sound recordings encompass recorded music, audiobooks, and podcasts.
Both sound recordings and radio broadcasts are protected for the same duration from the end of the year of their first publication, which is 70 years.
However, for sound recordings made public before January 1, 2019, or within 50 years of creation, the copyright endures for 70 years from the date of publication.
Creators of sound recordings and radio broadcasts, as well as performers featured therein, hold exclusive rights over their works.
Now, how long does copyright last in other countries? In the United States, works created after 1978 are protected for the creator’s lifetime plus 70 years.
For works created before 1978, the rules were more complex and involved renewal requirements. Additionally, works made for hire or anonymously have distinct durations.
Similarly, the copyright in Indonesia also lasts for the creator’s lifetime plus 70 years, as governed by Law No. 28 of 2014 (UU Nomor 28 Tahun 2014). However, specific durations apply to different types of work in Indonesia, including:
- Computer programs (50 years from publication)
- Performers (50 years from performance)
- Sound recordings (50 years from fixation)
- Broadcasting organizations (20 years from first broadcast).
Navigating How Long Does Copyright Lasts and Its Implications
When copyright expires on a work, it enters the public domain, meaning anyone can freely use it without permission. However, there are some important considerations to keep in mind.
First, before using a work, it’s essential to verify its copyright status. Just because a work is old doesn’t necessarily mean it’s in the public domain.
Also, always respect donations to public donations. Sometimes, copyright owners choose to dedicate their works to the public domain voluntarily. Therefore, always verify the copyright status and, if unsure, seek permission from the copyright owner.
Furthermore, if you’re uncertain about copyright laws or infringements, consult legal experts or copyright specialists like Am Badar & Am Badar. Read also the article about A Brief Understanding of Infringement of Copyright and Remedies.
You may contact us to ensure how long does copyright last for certain works and to use our Copyright Service. For further information, visit our insights page or explore our full services.
Reviewed by Nabil Argya Yusuf
