Copyright Guidance 7 Works Published Between 1924–1977 The duration of copyright protection for works published prior to 1978 is complicated, due to the number of amendments to the Copyright Act since its inception. ­ Because copyright protection may hinge upon ­whether and when the work is published, if the work contained a notice of copyright, and renewal with the Copyright Office, understanding ­whether copyright protection applies to works created prior to 1978 is a challenge. The best summary of copyright terms can be found in a Cornell University Library summary, “Copyright Term and the Public Domain in the United States,” which provides an annually updated chart explaining the vari­ous copyright terms for all types of works. Works Published Before 1924 and the Public Domain At the time of this writing, copyright protection has expired for works cre- ated prior to 1924 and they are in the public domain. Works which have entered the public domain are not protected by copyright. ­There are four ways in which a work can enter the public domain: (1) the copyright has expired (2) the copyright owner neglected to renew the copyright as required by law (3) the copyright owner purposefully places the work in the public domain and (4) copyright law does not protect this type of work. In fact, due to an extension of copyright duration enacted by Congress in 1998, January 1, 2019, was the first time in over 21 years that new works entered the public domain. The passage of the Sonny Bono Copyright Term Extension Act lengthened the copyright duration for works for an additional 20 years, resulting in an extensive gap during which no new works entered the public domain. Many blame Mickey Mouse for this gap—­Disney sought extended protections for their creations and was a strong voice “encouraging” Congress to extend the duration for copyright protections (Fleishman, 2019). ­ Going forward, each year on January 1, new works ­ will enter the public domain due to copyright term expiration. Exceptions to Exclusive Rights While the Copyright Act is clear on the exclusive rights enjoyed by the copyright owner, the Act also explic­itly carves out several exemptions by which libraries, archives, and class instructors can utilize copyrighted works without having to worry about copyright infringement. Academic librarians in scholarly communications departments commonly provide guidance on the Classroom Use Exemption, the TEACH Act, fair use, and the Libraries and Archives Exception. Each of the aforementioned are a reflection of the need that libraries, academics, and creators have to incorporate copyrighted works without having to ask permission or pay licensing fees.
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