# The Librarian's Copyright Companion/Appendix P

Appendix P
Copyright Term and the Public Domain in the United States (2012)
Never Published, Never Registered Works :
| Type of Work | Copyright Term | What was in the public domain in the U.S. as of 1 January 2012 |
| Unpublished works | Life of the author + 70 years | Works for authors who died before 1942 |
| Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship) | 120 years from date of creation | Works created before 1892 |
| Unpublished works when the death date of the author is not known | 120 years from date of creation | Works created before 1892 |
| Works Registered or First Published in the U.S. |||
| Date of Publication | Conditions | Copyright Term |
| Before 1923 | None | None. In the public domain due to copyright expiration. |
| 1923 through 1977 | Published without a copyright notice | None. In the public domain due to failure to comply with required formalities. ​ |
| 1978 to 1 March 1989 | Published without notice, and without subsequent registration within 5 years | None. In the public domain due to failure to comply with required formalities. |
| 1978 to 1 March 1989 | Published without notice, but with subsequent registration within 5 years | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first. |
| 1923 through 1963 | Published with notice but copyright was not renewed | None. In the public domain due to copyright expiration. |
| 1923 through 1963 | Published with notice and the copyright was renewed | 95 years after publication date |
| 1964 through 1977 | Published with notice | 95 years after publication date |
| 1978 to 1 March 1989 | Created after 1977 and published with notice | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first. |
| 1978 to 1 March 1989 | Created before 1978 and first published with notice in the specified period | The greater of the term specified in the previous entry or 31 December 2047 |
| From 1 March 1989 through 2002 | Created after 1977 | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
| From 1 March 1989 through 2002 | Created before 1978 and first published in this period | The greater of the term specified in the previous entry or 31 December 2047 |
| After 2002 | None | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
| Anytime | Works prepared by an officer or employee of the United States Government as part of that person’s official duties | None. In the public domain in the United States (17 U.S.C. § 105) ​ |
| Works First Published Outside the U.S. by Foreign Nationals or U.S. Citizens Living Abroad |||
| Date of Publication | Conditions | Copyright Term in the United States |
| Before 1923 | None | In the public domain (But see first special case below) |
| 1923 through 1977 | Published without compliance with U.S. formalities, and in the public domain in its source country as of 1 January 1996 | In the public domain |
| 1923 through 1977 | Published in compliance with all U.S. formalities (i.e., notice, renewal) | 95 years after publication date |
| 1923 through 1977 | Solely published abroad, without compliance with U.S. formalities or republication in the U.S., and not in the public domain in its home country as of 1 January 1996 | 95 years after publication date |
| 1923 through 1977 | Published in the U.S. less than 30 days after publication abroad | Use the U.S. publication chart to determine duration |
| 1923 through 1977 | Published in the U.S. more than 30 days after publication abroad, without compliance with U.S. formalities, and not in the public domain in its home country as of 1 January 1996 | 95 years after publication date |
| 1 January 1978–1 March 1989 | Published without copyright notice, and in the public domain in its source country as of 1 January 1996 | In the public domain |
| 1 January 1978–1 March 1989 | Published without copyright notice in a country that is a signatory to the Berne Convention is not in the public domain in its source country as of 1 January 1996 | 70 years after the death of the author, or if work of corporate authorship, 95 years from publication ​ |
| 1 January 1978–1 March 1989 | Published with copyright notice by a non-U.S. citizen in a country that was party to the Universal Copyright Convention (UCC) | 70 years after the death of the author, or if work of corporate authorship, 95 years from publication |
| After 1 March 1989 | Published in a country that is a Signatory to the Berne Convention | 70 years after the death of the author, or if work of corporate authorship, 95 years from publication |
| After 1 March 1989 | Published in a country with which the United States does not have copyright relations under a treaty | In the public domain |
| Sound Recordings (Note: The following information applies only to the sound recording itself, and not to any copyrights in underlying compositions or texts) |||
| Unpublished Sound Recordings, Domestic and Foreign |||
| Date of Fixation/Publication | Conditions | What was in the public domain in the U.S. as of 1 January 2012 |
| Prior to 15 Feb. 1972 | Indeterminate | Subject to state common law protection. Enters the public domain on 15 Feb. 2067 |
| After 15 Feb. 1972 | Life of the author + 70 years. For unpublished anonymous and pseudonymous works and works made for hire (corporate authorship), 120 years from the date of fixation | Nothing. The soonest anything enters the public domain is 15 Feb. 2067 |
| Unpublished works when the death date of the author is not known | 120 years from date of creation | Works created before 1892 |
| Sound Recordings Published in the United States |||
| Fixed prior to 15 Feb. 1972 | None | Subject to state statutory and/or common law protection. Fully enters the public domain on 15 Feb. 2067 |
| 15 Feb. 1972 to 1978 | Published without notice (i.e., phonorecord symbol, year of publication, and name of copyright owner) | In the public domain |
| 15 Feb. 1972 to 1978 | Published with notice | 95 years from publication. 2068 at the earliest ​ |
| 1978 to 1 March 1989 | Published without notice, and without subsequent registration | In the public domain |
| 1978 to 1 March 1989 | Published with notice | 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation. 2049 at the earliest |
| After 1 March 1989 | None | 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation. 2049 at the earliest |
| Sound Recordings Published Outside the United States |||
| Prior to 1923 | None | Subject to state statutory and/or common law protection. Fully enters the public domain on 15 Feb. 2067 |
| 1923 to 1 March 1989 | In the public domain in its home country as of 1 Jan. 1996 or there was U.S. publication within 30 days of the foreign publication | Subject to state common law protection. Enters the public domain on 15 Feb. 2067 |
| 1923 to 15 Feb. 1972 | Not in the public domain in its home country as of 1 Jan. 1996. At least one author of the work was not a U.S. citizen or was living abroad, and there was no U.S. publication within 30 days of the foreign publication | Enters public domain on 15 Feb. 2067 |
| 15 Feb. 1972 to 1978 | Not in the public domain in its home country as of 1 Jan. 1996. At least one author of the work was not a U.S. citizen or was living abroad, and there was no U.S. publication within 30 days of the foreign publication | 95 years from date of publication, 2068 at the earliest ​ |
| 1978 to 1 March 1989 | Not in the public domain in its home country as of 1 Jan. 1996. At least one author of the work was not a U.S. citizen or was living abroad, and there was no U.S. publication within 30 days of the foreign publication | 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 from creation |
| After 1 March 1989 | None | 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 from creation |
| Architectural Works |||
| Date of Design | Date of Construction | Copyright Status |
| Prior to 1 Dec. 1990 | Not constructed by 31 Dec. 2002 | Protected only as plans or drawings |
| Prior to 1 Dec. 1990 | Constructed by 1 Dec. 1990 | Protected only as plans or drawings |
| Prior to 1 Dec. 1990 | Constructed between 30 Nov. 1990 and 31 Dec. 2002 | Building is protected for 70 years after death of author, or if work of corporate authorship, the shorter of 95 after publication, or 120 years from creation |
| From 1 Dec. 1990 | Immaterial | Building is protected for 70 years after death of author, or if work of corporate authorship, the shorter of 95 after publication, or 120 years from creation |