How Long Do Copyrights Last On Music

Brooks Pierce

Once a copyright is created, protection generally lasts for lxx years after the decease of the author and in some cases 95 years from publication or 120 years from cosmos. That's a long time! After that time, the copyright protection ceases and the underlying piece of work becomes public domain.

More specifically, the term of copyright under the Copyright Act depends on when the piece of work was created, as follows:

Works Created on or AfterwardsJanuary 1, 1978: These works are protected for lxx years after the death of the individual author. Where there are two or more than individual authors (see our earlier post on authorship and ownership), the term lasts for 70 years afterwards the final surviving writer's decease. For "works fabricated for hire," the term of protection is 95 years from publication or 120 years from creation, whichever date is before.
Works Created Before but Published or Registered Afterwards January one, 1978: The copyright term in these works is by and large computed in the same fashion as for works created on or after January 1, 1978, provided that in no case would the term of such copyright expire before Dec 31, 2002, and for works published on or after that appointment, the term will not expire before Dec 31, 2047.
Works Created and Published or Registered Before January 1, 1978: These works are generally protected for 75 years from the date the piece of work was published with a copyright notice or on the date of the registration if the work was registered in unpublished grade. For such pre-1978 copyrights notwithstanding subsisting on October 27, 1998, Congress extended the term by xx years, providing for a total term of protection of 95 years.

Don't be misled into thinking that a lot of music is now in the public domain. For example, while a piece of classical music may exist in the public domain, a specific recording of that musical work is likely not in the public domain and is even so protected under copyright.

In a recent case regarding music in the public domain that generated a lot of buzz, filmmakers filed a class activity suit against Warner/Chappell Music, the music publishing company, who claimed to ain a copyright in the song "Happy Birthday." The song generated roughly $two million annually for the company in royalties from the use of the song in telly shows, movies, stage performances, and restaurants. The dispute but involved the lyrics to the song, every bit the melody/music was indisputably in the public domain already. The parties settled after a federal guess held that there was no evidence that the original authors of the lyrics ever sought federal copyright protection or had even transferred the rights in the lyrics to Warner/Chappell Music. In the settlement, "Happy Birthday" was declared to be in the public domain and Warner/Chappell Music agreed to pay back $14 million to those who paid licensing fees for the utilise of the song.

The aforementioned constabulary business firm who persuaded the court that "Happy Birthday" belongs in the public domain too filed two dissever suits over the public domain condition of Woody Guthrie's "This Land Is Your State" and the Ceremonious Rights Movement anthem "We Shall Overcome."

Be certain to stay tuned for our next Music Law 101 post, in which we volition explain how yous can transfer your copyright interest to another person or entity.

This post originally appeared on the ReverbNation Web log.

Source: https://www.jdsupra.com/legalnews/music-law-101-how-long-does-copyright-57301/#:~:text=Once%20a%20copyright%20is%20created,underlying%20work%20becomes%20public%20domain.

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