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CIRCULAR

15T

Effect of 1976 Copyright Law with Amendments of 

1992 and 1998

The Copyright Act of October 1976 (Public Law 94-553, 90 

Stat. 2541, amending title 17 of the United States Code ), effective January 1, 1978, has been amended to extend the term of 

copyright on two subsequent occasions with the passage of 

the Copyright Amendments Act of 1992 (Public Law 102-307, 

106 Stat. 266, amending section 304 of title 17 of the United 

States Code), and the Sonny Bono Copyright Term Extension Act of 1998 (Public Law 105-298, 112 Stat. 2827, amending chapter 3 of title 17 of the United States Code).

Public Law 102-307, enacted on June 26, 1992, amended 

the copyright law to make renewal automatic and renewal 

registration optional for works originally copyrighted 

between January 1, 1964, and December 31, 1977.

Public Law 105-298, enacted on October 27, 1998, added an 

additional 20 years to the overall term of copyright protection.

• Copyrights already in their second term on January 1, 1978:

The duration of the copyright term has automatically been 

prolonged to last for a total of 95 years. No further renewal 

registration is necessary.

• Copyrights in their first term on January 1, 1978: Renewal 

registration was still necessary to obtain the second term 

for works copyrighted between January 1, 1950, and 

December 31, 1963. Renewal registration is optional for 

works copyrighted between January 1, 1964, and December 31, 1977. In both cases, the renewal copyright is longer 

than the term in effect before 1978. The renewal term 

extends the copyright for a full term of 95 years.

This circular will inform you of 

the provisions in the copyright 

statute affecting the duration of 

subsisting copyrights and give you 

some information with examples 

illustrating what these provisions 

mean. For works copyrighted for the 

first time on or after January 1, 1978, 

the statutory provisions governing 

the duration of protection are quite 

different and are not included in 

this circular. For general information 

about duration of copyright under 

the current law, request Duration of 

Copyright (Circular 15A).

Extension of 

Copyright Terms
Extension of Copyright Terms 2

Copyrights in Their Second Term: Automatic Extension of Duration

Renewed Copyrights Automatically Extended to Maximum of 95 Years

Under the statute, copyrights that had already been renewed and were in their second term at any 

time between December 31, 1976, and December 31, 1977, inclusive, were automatically extended in 

duration. The total length of these copyrights is now 95 years from the end of the year in which they 

were originally secured.

Example: A work that was first copyrighted on April 10, 1923, and renewed between April 10, 1950, 

and April 10, 1951, would formerly have fallen into the public domain after April 10, 1979. The current law extended this copyright through the end of 2018.

These second-term copyrights cannot be renewed again. Under the law, their extension to the 

maximum 95-year term is automatic and requires no action in the Copyright Office.

A Special Situation: Copyrights Registered for Renewal Between December 31, 1976, and 

December 31, 1977

The automatic extension also applied to copyrights that were the subject of a renewal registration 

between December 31, 1976, and December 31, 1977, even though their second term was not scheduled to commence until sometime in 1978.

Example: A work was first copyrighted on July 29, 1950, and a renewal registration was made on 

September 1, 1977. The second term of copyright was automatically extended through the end of 

2045 without the need of any further renewal.

Another Special Situation: Copyrights More Than 56 Years Old

The automatic extension applies not only to copyrights less than 56 years old but also to older copyrights that have previously been extended in duration under a series of Congressional enactments 

beginning in 1962.1 As in the case of all other copyrights subsisting in their second term between 

December 31, 1976, and December 31, 1977, inclusive, these copyrights will expire at the end of the 

calendar year in which the 95th anniversary of the original date of copyright occurs, so long as the 

copyright was still in its renewal phase at the time Public Law 105-298 became effective.2

Example: A work that was first entered for copyright on October 5, 1907, and renewed in 1935, would 

formerly have fallen into the public domain after October 5, 1963. The first Act extended the copyright to December 31, 1965; the second Act extended it to December 31, 1967; the third Act extended 

it to December 31, 1968; the fourth Act extended it to December 31, 1969; the fifth Act extended it 

to December 31, 1970; the sixth Act extended it to December 31, 1971; the seventh Act extended it 

to December 31, 1972; the eighth Act extended it to December 31, 1974; the ninth Act extended it to 

December 31, 1976, and the Copyright Act of 1976 finally extended the copyright through the end of 

1982 (75 years from the end of the year in which the copyright was originally secured).
Extension of Copyright Terms 3

Copyrights Secured Between January 1, 1950, and December 31, 1963: 

Renewal Was Necessary

Copyrights whose first 28-year term of copyright was secured between January 1, 1950, and 

December 31, 1963, including works protected in their first term under the Universal Copyright 

Convention, still had to be renewed within strict time limits in order to receive the maximum 

statutory duration. U.S. adherence to the Berne Convention did not alter this requirement. Renewal 

registration had to be made within a year period beginning on December 31 of the 27th year of the 

copyright and running through December 31 of the following year.

If a valid renewal registration was made at the proper time, the second term lasts for 67 years. 

This is 39 years longer than the 28-year renewal term provided under the 1909 law and makes the 

two terms of protection for the renewed copyright last for a total of 95 years. However, if renewal 

registration was not made within the statutory time limits, these copyrights expired at the end of 

their first terms and protection was lost permanently.

Copyrights Secured Between January 1, 1964, and December 31, 1977

The amendment to the copyright law enacted June 26, 1992, makes renewal registration optional, 

and the amendment enacted October 27, 1998, further extends the renewal term to 67 years. The 

copyright is still divided between a 28-year original term and a 67-year renewal term, but the 

renewal term automatically vests on December 31st of the 28th year. A renewal registration is not 

required to secure the renewal copyright. Certain benefits accrue to making renewal registrations, 

and the Copyright Office continues to accept renewal applications. See Renewal of Copyright

(Circular 6A), for a discussion of the benefits of making renewal registration.

Other Statutory Provisions Affecting Subsisting Copyrights

Year-End Expiration of Copyright Terms

The law provides that all terms of copyright will run through the end of the calendar year in which 

they would otherwise expire. This affects the duration of all copyrights, including those subsisting 

in either their first or second term in January 1, 1978. For works eligible for renewal registration, the 

renewal filing period begins on December 31st of the 27th year of the copyright term and ends on 

December 31st of the 28th year of the copyright term.

Termination of Grants

For works already under statutory copyright on January 1, 1978, the law also contains special provisions allowing the termination of any grant of rights made by an author and covering any part of the 

period (usually 39 years) that has now been added to the end of the renewal copyright. This right 

to reclaim ownership of all or any part of the extended term is optional. It can be exercised only by 

certain persons (the author, or specified heirs of the author), and it must be exercised in accordance 

with prescribed conditions and within strict time limits.
Extension of Copyright Terms 4

A Checklist of Points to Remember

• Copyrights already in their second term on January 1, 1978, have been automatically extended 

up to a maximum of 95 years without the need for further renewal.

• Copyrights secured between January 1, 1950, and December 31, 1963, had to be renewed within 

a strict 1-year time limit; if not renewed they expired at the end of their 28th calendar year.

• Copyrights secured between January 1, 1964, and December 31, 1977, are renewed automatically even if renewal registration is not made; renewal registration is optional and if timely 

made, entitles the claimant to a presumption of validity and other advantages.

• Works in the public domain cannot be protected by copyright. The 1976 Act, the 1992 amendment, and the 1998 amendment do not provide a procedure for restoring protection for works 

in which copyright has been lost for any reason.

• Exception: Under the provisions of the Uruguay Round Agreements Act (URAA), certain foreign 

works whose U.S. copyright protection had been lost because of noncompliance with formalities 

of U.S. law were restored as of January 1, 1996. Such works may be registered using Form GATT. 

For more information, request Copyright Restoration under the URAA (Circular 38B).

• A work published before January 1, 1964, and originally copyrighted within the past 75 years 

may still be protected by copyright if a valid renewal registration was made during the 28th 

year of the first term of the copyright. If renewed and if still valid under the other provisions 

of the law, the copyright will now expire 95 years from the end of the year in which it was 

first secured. Works published before January 1, 1929, have fallen into the public domain, 

but works published after that date could still be protected by copyright if the copyright was 

renewed by registration or automatically by law under Public Law 102-307.

note

1. The enactments were Public Laws 87-668, 89-142, 90-141, 90-416, 91-147, 91-555, 92-170, 92-566, 

and 93-573. Their effect was to extend the second term of all renewed copyrights scheduled to 

expire between September 19, 1962, and December 3, 1976, through the end of 1976.

2. Works published before January 1, 1923, would have fallen into the public domain at the end of 

calendar year 1997. Consequently, these works do not receive the additional 20 years of copyright 

protection created by Public Law 105-298.
1 U.S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.gov

CIRCULAR 15T REVIEWED: 01/2010 REVISED: 01/2024

For Further Information

By Internet

The copyright law, the Compendium, electronic registration, application forms, regulations, and 

related materials are available on the Copyright Office website at www.copyright.gov.

By Email

To send an email inquiry, click the Contact Us link on the Copyright Office website.

By Telephone

For general information, call the Copyright Public Information Office at (202) 707-3000 or 

1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time, 

Monday through Friday, except federal holidays. To request application forms or circulars by 

postal mail, call (202) 707-9100 or 1-877-476-0778 and leave a recorded message. 

By Regular Mail

Write to

Library of Congress

U.S. Copyright Office

Outreach and Education Section

101 Independence Avenue, SE #6304

Washington, DC 20559-6304