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with proper notice automatically injected the work into the public domain. The 1976 Act provided for certain "curative" steps that could be taken by authors who first published the work without proper notice, however the notice requirements were not eliminated. The 1909 Act also dictated compliance with certain renewal requirements must have been met to avoid injection of works into the public domain. Works by foreign authors that are first published in the United States are not exempt from either the notice or renewal requirements.'* Therefore, a large category of works— of both EU and U.S. origin— are in the public domain in the US due to failure to meet these formalities
2 Works Created But Not Published or Copyrighted Before January 1. 1978
Works created but not published or copyrighted before January 1, 1978 are granted the same duration of copyright protection as those works created after January 1, 1978.^' Thus, works created but not published or copyrighted before January 1, 1978 receive a duration of 50 years p ma.*" In no case shall the term of copyright in such a work expire before December 31, 2002, and if the work is published on or before December 31, 2002, the term of copyright shall not expire on or before December 3 1, /027.*'
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3 Works Created On or After January 1. 1978
Works created by individual authors on or after January 1, 1978 are entitled to copyright protection for a term of 50 years p.m.a ■'^ Joint works which were not created for hire currently have a term of 50 years p ma of the last-surviving author.''^ Copyright in works made for hire ("corporate works") endures for a term of 75 years from the year of first
1909-1978: propernotice required
1978-3/1/89: notice or "curative notice" required
3/1/89 +: no notice required 5ee 2 NiM.MER. 5upra note 15 at § 7.02|C1, pp. 7-15 to 7-18.2 fofa
more detailed disctission of notice requirements.
Rene\val works created between the dates:
pre-1964: rene%N'al required during first 28->t. term
1964-1977: renewal required but can be filed any time during first or extension terms
1978 +: renewal not required see Id. at § 9.05[B|, pp. 9-68 to 9-70 for a more detailed discussion of
renewal requirements.
3*/rf at § 9 01[D) p 9-26 and § 9 OSIF). p. 9-%.
39l7USC. §303.
■•OnuSC §303.
''2l7USC§ 302(a). ■•^nU.SC. §302{b).
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