Duration of copyright: Works created on or after

United States Code

Section: 302

Jurisdiction: US

Bluebook Citation: 17 U.S.C. § 302


Citation analytics

How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.

Highly CitedTop 2% most-cited · cited by 83 decisions
83
Citing decisions
6+
Courts citing

Citations by decade

1
20
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28
11
8
1970s1980s1990s2000s2010s2020s

Courts citing this statute

9th Cir.9
2d Cir.5
S.D.N.Y.5
4th Cir.4
C.D. Cal.4
D.C. Cir.4
Most recently cited by10
  • 2025The Bureau Fashion Week LLC v. Nataliya Nova LLC D. Nev.
  • 2025Stephen Thaler v. Shira Perlmutter D.C. Cir.
  • 2022Association of American Publishers, Inc. v. Frosh D. Maryland
  • 2021Estate of Michael J. Jackson, John G. Branca, Co-Executor and John McClain, Co-Executor Tax Ct.
  • 2021Golden v. Michael Grecco Productions, Inc. E.D.N.Y
  • 2021Estate of Michael J. Jackson, Deceased, John G. Branca, Co-Executor and John McClain, Co-Executor, Petitioners T.C.
  • 2020COMERICA BANK & TRUST, N.A. as Personal Representative of the Estate of Prince Rogers Nelson v. HABIB D. Mass.
  • 2020Isaac Donald Everly v. Patrice Everly 6th Cir.
  • 2019Brammer v. Violent Hues Prods., LLC 4th Cir.
  • 2019TD Bank N.A. v. Hill 3rd Cir.

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Text

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. 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. 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. If, before the end of such term, the identity of one or more of the authors of an anonymous or pseudonymous work is revealed in the records of a registration made for that work under subsections (a) or (d) of section 408, or in the records provided by this subsection, the copyright in the work endures for the term specified by subsection (a) or (b), based on the life of the author or authors whose identity has been revealed. Any person having an interest in the copyright in an anonymous or pseudonymous work may at any time record, in records to be maintained by the Copyright Office for that purpose, a statement identifying one or more authors of the work; the statement shall also identify the person filing it, the nature of that person’s interest, the source of the information recorded, and the particular work affected, and shall comply in form and content with requirements that the Register of Copyrights shall prescribe by regulation. Any person having an interest in a copyright may at any time record in the Copyright Office a statement of the date of death of the author of the copyrighted work, or a statement that the author is still living on a particular date. The statement shall identify the person filing it, the nature of that person’s interest, and the source of the information recorded, and shall comply in form and content with requirements that the Register of Copyrights shall prescribe by regulation. The Register shall maintain current records of information relating to the death of authors of copyrighted works, based on such recorded statements and, to the extent the Register considers practicable, on data contained in any of the records of the Copyright Office or in other reference sources. After a period of 95 years from the year of first publication of a work, or a period of 120 years from the year of its creation, whichever expires first, any person who obtains from the Copyright Office a certified report that the records provided by subsection (d) disclose nothing to indicate that the author of the work is living, or died less than 70 years before, is entitled to the benefits of a presumption that the author has been dead for at least 70 years. Reliance in good faith upon this presumption shall be a complete defense to any action for infringement under this title. (Source: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2572; Pub. L. 105–298, title I, § 102(b), Oct. 27, 1998, 112 Stat. 2827.))

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