01/27/2026
NOW JUST HOW LONG DOES A COPYRIGHT LAST?
Previously, we discussed how long a trademark registration lasts. Today, we are going to talk about how long a copyright lasts. The short answer? A really long time.
As I’ve mentioned before, a copyright is the bundle of rights that spring from a work- i.e. a book, a song composition, a sound recording, a statue, etc. The rights that spring from a work vary slightly depending on what kind of work is at issue, but the “biggie” rights are: the right to distribute a work; the right to duplicate a work; the right to publicly perform a work; the right to make derivatives of the work.
But, how long do those rights last? Generally speaking, for a work created on after January 1, 1978, a copyright lasts the life of the author plus 70 years- so a pretty long time. After this time, the work enters the public domain, which means anyone can use the work for free. (The rules are different for works created before 1978). So, if someone wrote a book in 1980, and passed away in 2014, the work would be protected until 2084, meaning the author’s children can enjoy the value of the copyright for years to come.
One exception is if a work is a work made-for-hire. Works made-for-hire are a limited number of works which, generally, are when a work is made as part of employment (i.e. animators at Disney), and the work is owned by the company, not the author. Copyrights for works made-for-hire last either 95 years from the date of first publication or 120 years from the date of creation, whichever is earlier.
So, because a copyright lasts so long, it is crucial to protect said copyright by registering it with the US copyright office. There are many benefits to registering a work with the copyright office. Just some of them are: proof that a work existed at least as early as the time of your application; rebuttable presumption that you own the copyright and it is valid; the ability to file a lawsuit for copyright infringement; public notice of ownership of the copyright; and for me, my favorite, the ability to elect statutory damages, as opposed to actual damages, in the event of copyright infringement.
Plus, it is really cheap to register a work… or even a full album. So, if you have a work that has value to you, and especially if you are marketing the work, you should have our firm register the copyright for you… it sure lasts a long time.
The Law Office of Joseph J. Gentile has filed thousands of copyright applications. Contact us for a free consultation: [email protected]