If
you find a Copyright Notice, such as "© Copyright 1964
XYZ Company", or you know the year it was published, or created, the
following date tests can help you determine Copyright status.
If the item was created
in:
- 1989 (March 1) or later
- No Copyright notice on the item or
Copyright registration is needed, the item is Copyrighted at the moment of
creation. Do not use it.
- 1978 (January 1) or later
- No Copyright Registration is necessary; the item was
Copyrighted at the moment of creation. Do not use it.
If the item was created before 1978 but never published, such unpublished
works were given automatic Copyright protection for the author(s) life plus 70
years. (Copyright Office Circular 22). For pre-1978 works it is important to use the term
"published" and "publication" as defined by the Copyright
Act.
If the item was published or
Copyrighted in:
- 1964 (January 1) or later
- 1923 (January 1) or later
- If this item was Copyrighted, and renewed, it has Copyright
protection. Did they file a Copyright registration? Twenty-eight years
later, did they renew it? The majority of Copyrights were never renewed. If
not renewed, the item is no longer under Copyright protection. Do a Copyright Search Yourself or have a
Professional Copyright Search. done to
be certain. Check for a Copyright notice and see "The Copyright Notice Test".
- Before 1923
- In the United States, this item is public domain. Any Copyright
it had has expired. (17 U.S.C.A. 302(e)) Be sure you
are looking at an original, not
another's copy.
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