How Long Does Copyright Protection Last?

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You may have put in a lot of hard work to obtain your copyright protection in the first place. However, your job may not be over just yet. Meaning, this protection may only be applicable for a set duration, so you must make efforts toward renewing it when the time comes. Without further ado, continue reading to learn how long your copyright protection should last in the United States and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can remind you of important dates.

How long does copyright protection last in the United States?

It cannot be stressed enough how important it is to know the date on which your copyright protection is set to expire. This is because your creative work may no longer be protected from unauthorized use as soon as this date arrives. That is, users may be free to use your creative work without seeking your permission first, and it may not be considered an infringing act.

With that being said, if you created your original work after January 1, 1978, your copyright protection may last for your lifetime plus 70 years. This may work in the favor of your beneficiaries, you may inherit your copyright’s benefits upon your unfortunate passing. Of note, an exception to this is if you are one of several creators of the original work. In this case, the copyright protection may last for the lifetime of the last surviving creator plus 70 years. Or, if the original work was part of a work-for-hire agreement, this may last for 95 years from publication or 120 years from creation, whichever duration is shorter.

On the other hand, if you created your original work before January 1, 1978, you may have originally been allotted 28 years for copyright protection. However, modern laws may have granted you a renewal for an additional 67 years, making the total time of protection 95 years.

How do I renew my copyright protection?

Once the term for your copyright protection passes, your original work may enter the public domain. Meaning, users may access it without needing permission or having to pay a fee. So before this can happen, you must make a plan to renew.

For one, if your original work was created after January 1, 1978, renewal of your copyright protection is not necessary. This is because, to reiterate, this protection lasts for your lifetime plus 70 years. But if your original work was from before January 1, 1978, you must file Form RE with the United States Copyright Office and pay a $125 renewal fee. Or, if you unfortunately pass before your renewal date, the descendants you have claimed in your Last Will and Testament may claim copyright renewal on your behalf.

At the end of the day, if you require immediate legal representation, look no further than a skilled Essex County, New Jersey intellectual property lawyer. Someone at The Ingber Law Firm will happily work with you.