Posted by Chuck(G) on January 14, 2004 at 21:39:50:
In Reply to: Re: Re: For the copyright experts... posted by Alan Herold on January 14, 2004 at 18:15:58:
The Disney lobby and their ilk (e.g. the Gershwin trust) got the term extended in some quick midnight influence-peddling. Public Law 105-298 is the relevant document.
This was only recently upheld by the Supreme Court in Eldred v. Ashcroft. Here's the skinny:
It depends on the nature of the work and the date when it was copyrighted.
Works copyrighted before 1923 are in the public domain.
Works created after January 1, 1978 are protected for 70 years after the death of the author. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.
For works created but not published before January 1, 1978, the term is life of the author or December 31, 2002, whichever is later.
For works created and published between 1923 (inclusive) and 1978, the term is 95 years past the date of the original copyright. If the work is published before December 31, 2002, the term will not expire before December 31, 2047.
There are additional protections granted sound recordings made before February 15, 1972, but that's not relevant to the original question asked.
Now mind you, the Berne Convention obligated the US to protect works for 50 years after the author's death; Uruguay Round, in addition to "restored" copyrights (which is why you can't get Prokofiev excerpts anymore) normalized us with most of Europe at 70 years.
The act was named for Sonny Bono, but he was already dead when the legislation was crafted. It was his widow, Mary, who agreed to be the mouthpiece for the entertainment business interests.
Basically, the deal boils down to this--nothing published under copyright protection after 1923 will enter the public domain until 2019. That's really all you need to know for now. When 2019 rolls around, we can again broach the subject.
"Sonny wanted the term of copyright protection to last forever"
-Mary Bono, speaking to the House of Representatives