Copyright Duration

National copyright laws stipulate how long copyright will last, and so the actual duration can vary between nation states. The content of this fact sheet reflects the provisions of the Berne Convention which stipulate minimum periods and stated duration may be (and often are) exceeded by national laws.

1. Typical duration of legal copyright protection:

   Normal protection provided by the Berne Convention is life of the author plus fifty years from death, with the following exceptions:

   • Film, cinematographic work:

     50 years from the making of the work, or if made available to the public within the 50 years, (i.e. by publication or performance), 50 years from the date the author first makes the work available to the public.

   • Anonymous works:

     50 years from the date made available to the public.

   • Artistic works, such as photographs and applied art:

     At least 25 years from creation.

   Duration will always run from January 1st of the year following the event indicated.

   In the case of work created on behalf of a company, the duration is still linked to the individual person that actually created the work, i.e. the duration is linked to the lifespan of the individual creator(s) rather than the company.

   In all cases, individual national laws can, and often will, allow additional protection over and above the terms of the Convention. For example, in the UK most work is protected for the life of the author plus 70 years (see our UK Copyright Law fact sheet). The Convention sets out what authors can realistically expect. There are also exceptions allowed for countries bound by the Rome Act.

2. What happens when copyright expires?

   When the term of copyright protection has expired, the work falls into the public domain. This means that the work, has effectively become public property and may be used freely.

   It should be stressed that actual duration will vary under national laws, and you should check the laws of individual countries before you attempt to use a work.

3. Can I claim copyright for a work that has expired?

   No, once a work is in the public domain it is available to all. You cannot stop others using the work and you will have no claim to copyright on the work.

4. A special note regarding sound recordings

   Sound recordings will have a individual copyright separate to the underlying composition. If the underlying composition is in the public domain, it does not follow that a sound recording is.

   You cannot reproduce a more recent sound recording of a public domain work, though you may create your own sound recording from the public domain composition.

   For more details on this point, please see our fact sheet P-07: Music Copyright.

5. A notable exception: Peter Pan

   The copyright for JM Barrie’s work Peter Pan, was due to expire in 1987 in the UK, but an amendment to the 1988 Copyright Designs and Patents Act (instigated by Lord Callaghan) was passed to allow the copyright to run indefinitely in the UK. Any royalties are to be paid to the trustees of the Hospital for Sick Children, Great Ormond Street, London, for as long as the hospital exists.