Many think that the current US copyright law extends the copyright far too long. Changes made in the 1970s extended it 70 years past the death of the author and allow for extensions to 67 more years once that has run.
§302·
Duration of copyright:
Works created on or after January 1, 1978
4(a) In General. —Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author’s death.
(b) Joint Works. —In the case of a joint work prepared by two or more authors who did not work for hire, the copyright endures for a term consisting of the life of the last surviving author and 70 years after such last surviving author’s death.
(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire. —
In the case of an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.
(page 133)
More:
http://www.copyright.gov/title17/92chap3.pdf Created and published, or registered before 1978:
This is governed by statutory section 17 USC 304. Under the law in effect before 1978, copyright was secured either on the date a work was published or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last (28th) year of the first term, the copyright was eligible for a second renewal term of an additional 28 years. If no application was filed for renewal, the work would enter the public domain after the initial 28 year term.
The current copyright law has extended the renewal term from 28 to 67 years for copyrights that existed as of January 1, 1978, making these works eligible for a total term of protection of 95 years. There is no longer a need to make the renewal filing in order to extend the original 28-year copyright term to the full 95 years. However, some benefits accrue to making a renewal registration during the 28th year of the original term.
In other words, if a work was published between 1923 to 1963, the copyright owner was required to have applied for a renewal term with the Copyright office. If they did not, the copyright expired and the work entered into the public domain. If they did apply for renewal, these works will have a 95 year copyright term and hence will enter into the public domain no sooner that 2018 (95 years from 1923). If the work was published between 1964 to 1977, there is no need to file for a renewal, and these works will automatically have a 95 year term.
http://www.bitlaw.com/copyright/duration.html#old
Sir Arthur Conan Doyle died in 1930 - originally his copyright would have run out in 1958 - or 28 years after the last publishing date (1923 +28 = 1951). If the heirs did not apply for renewal, it ran out 28 years later - or in 1979 - rather than 95 years after the last publishing date of 1923 (2018).
Under the 1978 laws, Sherlock Holmes stories would have been protected for 70 years and could have been extended for another 67 years: 1923 +70 = 2003 +67 = 2070.
Protecting copyright for multiple generations after publication is far too restrictive in my opinion. How long should the non-creative heirs be able to benefit? How many generations of non-creative heirs get to retain control?
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