Guidance on how long copyright protection lasts
Justice Agency for Intellectual Property – Guidance on how long copyright protection lasts
Copyright Notice: Duration of Copyright (Term)
This notice provides advice to anyone who wants to understand how long copyright protection lasts for new and existing works.
Details
Copyright notices are published by the Intellectual Property Justice Agency to help explain certain areas of copyright internationally.
This page provides information to anyone who wants to understand how long copyright protection lasts. It also provides useful information on how to obtain permission to use works, or when permission is not required. This notice is not intended as a substitute for legal advice, but to help readers gauge the likelihood of works being protected by copyright or not. It is not a definitive view of the law – only a court decision can address that.
What is a copyright notice?
Copyright notices are published by the Intellectual Property Office to help explain certain areas of UK copyright law. This notice is aimed at individuals and businesses who want to understand how long copyright protection lasts on new and existing works. This notice is not intended as a substitute for legal advice. It is intended to help readers understand some of the issues involved in determining how long copyright lasts. Finally, it is not a definitive view of the law – only a court decision can deal with that.
What is the “duration of copyright”?
Copyright gives the creator or owner of a copyrighted work the exclusive right to exploit it. The term of copyright, also known as the “copyright term,” refers to how long the work is protected.
How long is copyright?
The duration of copyright depends on factors including:
- type of employment,
- Who wrote the work?
- When you create or publish a work, you should be aware that the copyright term stated in this section applies in most circumstances, but in a few cases, other rules may apply. You can check the exceptions in the General Rules section and refer your inquiry to an intellectual property attorney if you are in any doubt.
Rules by type of work or performance
| work nature | Examples of work | Duration |
| Literary, musical, dramatic and artistic works | – Written works such as stories, plays, articles, and poems. – Dances or mines – Musical works – Graphic works such as paintings, drawings, etchings, engravings, photographs, and sculptures. – Architectural works – Art crafts See also specific types of literary, musical, dramatic, and artistic works. | From the date of creation of the work until 70 years after the death of the authors. |
| Audio recordings | A sound recording is a recording or fixation of sound. It may be a recording of all or part of a literary, musical or dramatic work. Copyright in a sound recording applies separately from the copyright and term of protection for the works or performances included in the sound recording. | 50 years from the year of the sound recording. If during that period the sound recording is published or made available to the public (for example by playing it in public places or broadcasting), the copyright lasts for 70 years from that year. |
| Broadcast | Broadcasting is the electronic transmission of visual images, sounds, or other information for simultaneous reception by members of an audience, such as television programs. Copyright in broadcasting applies separately from copyright and term of protection for works or performances included in the broadcast. | 50 years from the year it was broadcast. |
| films | Film is any recording on a medium from which a moving image can be produced. Copyright in a film applies separately from the copyright and term of protection for the works or performances contained in the film. | 70 years after the death of the last author, director, writer or composer. If the identity of these persons is unknown, the period is 70 years from the date of creation, or if it is disclosed to the public, 70 years from its availability. |
| Uncreative movies | Films that do not have a director, screenwriter, dialogue composer and music composer, for example, are just installations like CCTV. | Fifty years of creation. |
| Printing arrangements | Typographic arrangement refers to the way a published edition is visually laid out, such as the columns of text on the page, where illustrations are inserted, etc. | 25 years from the year of first publication. |
| Performers’ Rights | Performance may be: – Musical show, – reading or reciting a literary work, or – Performing a play, variety show, or the like. | 50 years from the year of display. 50 years from the year of release of a recording other than a sound recording, provided that the recording was made within 50 years after the performance. 70 years from the year of publication of the sound recording of the performance, provided that the recording was made within 50 years after the performance. |
Rules for certain types of creators
| A computer-generated work has no human author, for example, a painting created by a computer program. | Fifty years of creation. |
| Acts done by a Crown Prince or an officer or servant of the Crown in the course of their duties (eg an employee of a government department). | 125 years from creation. 50 years from commercial publication, if published within 75 years of its creation. |
| Acts done by or under the control of the House of Commons or the House of Lords, or an officer of the Crown such as a police officer or government minister. | 50 years of history of creation. |
Co-authored works are produced by two or more authors where each author’s contribution does not differ from the other’s. Collaborative works are a collaboration between the composer of a musical work and the composer of a literary work. Both works must be used together (such as a song). | 70 years to the year the last living author died. |
| Anonymous works are where the identity of the author(s) is unknown, or where it cannot be determined by reasonable inquiry. A work in which the author was previously known cannot be considered anonymous. | 70 years from the end of the year in which it was made. If the work was made available to the public during that period (publication, exhibition, etc.), 70 years from the end of the year in which it was first made available. See also exception below. |
Exceptions to the general rules
Depending on the date of the author’s death and the date of creation and publication, some works are treated differently and may have different copyright terms. This section explains these areas; however, it can be difficult to be certain of what applies in each case. The flowchart at the end of this notice may help you resolve questions that need to be asked.
Unpublished works before 1989 (the “2039” rule) and specific works rules
Some works are protected in the UK until 31 December 2039, even where the author may have died hundreds of years ago. This is also known as the “2039” rule, and applies to literary, dramatic and musical works, but does not apply to works of art other than pictures and engravings. Other rules apply to photographs, films and sound recordings.
| work nature | Date of death of the author | date of publication | When Copyright Expires |
| Unpublished literary, dramatic and musical works at the end of 1988 | Before 1969 | unavailable | December 31, 2039 |
| (Also known as the “2039 rule”) | |||
| Unpublished engravings at the end of 1988 | Before 1969 | unavailable | December 31, 2039 |
| Unpublished photographs and audio recordings taken/made between June 1, 1957 and August 1, 1989 | unavailable | unavailable | December 31, 2039 |
| Post pictures and inscriptions | Before 1969 | More than 20 years after the author’s death and before August 1, 1989 | After 50 years of publication |
| Films not registerable under previous legislation or registered before 1 August 1989 | unavailable | More than 20 years after the death of the author, composer and director, and before August 1, 1989 | After 50 years of publication |
| Audio recordings published before January 1, 1963 | unavailable | unavailable | 50 years after creation |
Anonymous or pseudonymous works (anonymous works)
In the case of anonymous or pseudonymous works, use of the work is permitted when the identity of the author cannot be verified. It must be reasonable to assume that the copyright has expired or that the author has been dead for more than 70 years.
perpetual copyright
Peter Pan
In 1929, the author, J. M. Barrie, donated the rights to his play, Peter Pan, to Great Ormond Street Hospital for Children. The copyright in this work expired in 1987, 50 years after his death. However, in 1988, Parliament gave a perpetual right to royalties for the use of Peter Pan, to be paid to Great Ormond Street Hospital for Children.
King James Bible
The right to print, publish and distribute the King James Bible, 1611, is licensed by the Crown to publishers. This allows them to reproduce, under letters patent, a written order issued by the King.
International Business
The Berne Convention sets minimum standards and rules for how works should be treated. The UK and many other countries offer standards that go beyond the minimum standards set out in the Convention. However, in most cases, the UK does not provide protection for foreign works, where protection in the country of origin has expired. If the work is still under copyright in the country or origin.
Included works
It is important to remember that copyright covers many types of creativity that, in many cases, come together to form a complete work. For example, a song recording typically consists of lyrics and music, as well as performances by the artists. This means that while parts of the work with shorter terms may have expired, other elements with longer terms mean that the sound recording may still be under copyright protection. It is important, before using the work, to be sure that a) there is no copyright, or b) you have obtained the necessary permissions or licenses.
Short case studies
Case Study 1: I would like to use a music video in a documentary. Which artists need to be paid, and how do I do it?
There are often multiple copyrighted works in a single creation, which will last for different periods. In a music video, the following groups may have rights, and using the video without permission is an infringement: songwriters, musicians, singers, performers, and producers. Depending on what you want to show in your documentary, you may need to obtain permission from some or all of these rights holders. However, in many cases, individual rights are waived to the production company. You may be able to do this through a collective management organization that manages the licenses and pays the rights holders for use of these types of works. You may also need to contact the rights holders directly.
Case Study #2: I am organizing a public performance of the musical from 1918. What do I need to consider and where do I get permission?
A musical piece consists of many works, for example, musical works, literary works, choreography, and works of art. You will need to determine the date of their creation and the date of death of the author(s). For example, the libretto may have been written before the music and by a different person. If the works are no longer protected by copyright, they are free to use. If they are still under copyright, you will need to obtain permission to use them or, in rare cases, rely on a copyright exception.
You may be able to obtain permission through a collective management organization that administers licenses and pays rights holders for use of these types of works. Or you may need to contact the rights holders directly. If you do not know who the rights holder is or cannot find them, you can apply to the Orphan Works Licensing Scheme for public subscription. The scheme can provide a license, provided you pay the appropriate fee and complete a diligent search for the rights holder. If the rights holder appears within 8 years of the license, the fee will be transferred to them. For more information about orphan works .
Case Study #3: I found an unpublished poem from 1899. The author died in 1905. When does the copyright expire?
In this case, the “2039 rule” applies, because the work was created before August 1, 1989 and the author died before 1969. The copyright expires on December 31, 2039.
To use this work, you will need to contact the current copyright holder for permission. Since the author is deceased, the copyright holder is likely to be the beneficiary of the deceased’s estate. If you cannot find this information and would like to use the work, you may be able to take advantage of the Orphan Works Public Offering Licensing scheme.
Is the work still subject to copyright protection?
To understand whether a work is protected by copyright, you will need to know when it was created, published, or made available. Sometimes this is obvious, such as a date in the works, and sometimes it is not. It should be noted that using a work without the permission of the copyright owner can be considered infringement, unless the use falls within one of the copyright exceptions.
Is the work in the public domain, i.e. free to use?
Some people use the public domain to cover works that are widely available on the internet. Some creators may be happy with this, others may not. This is also separate from whether or not the copyright still exists on the work, which will depend on the type of work and when or if its creator died. You can refer to the tables above to see if the copyright has expired. If the work is still under copyright protection, you should check the terms of the license, which may allow the work to be used freely, or within certain uses. Finally, check whether the intended use is covered by an exception. If none of these apply, you will need permission or a license to use the work.
I can't find the employer I want to hire. What do I do?
If you want to use a work, and you cannot locate or know who the owner is, you can apply to the Intellectual Property Office for an orphan works license. If the rights holder appears within 8 years of the license, the fee will be transferred to them.
Are old literary works still under copyright?
This depends on when the work was created, when the author died and whether the work has been published. Some works, despite being created hundreds of years ago, are protected in the UK until 31 December 2039. This is known as the 2039 rule.
How long is copyright internationally?
The length of a copyright varies around the world. The Berne Convention sets a minimum standard that, with the exception of photographic and cinematographic works, it lasts the life of the author plus 50 years. However, most developed countries, such as the UK, EU, US, Japan and Australia, provide much more protection than this, generally for around 70 years after the death of the author. Variations can occur from work to work. For country-specific information, you should contact the government department in that country responsible for intellectual property, also known as industrial property in some countries.
Which collective management organization should I contact to obtain permission to use a copyrighted work?
List of collective management organizations, also known as collection societies.
Do I always need permission to use a work that is still protected by copyright?
No. There are various exceptions to copyright, which, when specified, allow for use of the work without the owner’s permission. This includes illustrating for private education or study or making accessible copies for people with disabilities.
Are popular fiction works protected by copyright?
Literary works are protected when they are original, and the duration will depend on when the works were created, not their popularity at any given time. However, modern works may be protected by copyright until the next century, as copyright lasts for 70 years after the author’s death. The date of the author’s death will be the important date to determine.
Can an out-of-copyright work, such as a literary work, be updated and brought back into copyright?
Copyright protection is intended to provide the owner with the ability to prosper from their work for a specified period, so the answer is no.
However, a literary work such as a new edition of a Charles Dickens novel may contain more than one work. Updating the book with new illustrations, and adding commentary, will attract copyright protection, although the unchanged basic work will not attract additional copyright protection. Also, a language translation of the work may attract copyright, although again, the basic work will not be returned to copyright. You should also be aware that typographical arrangements for new publications will be protected for 25 years.
I have other questions - who can help me?
The Intellectual Property Justice Agency provides a comprehensive virtual community to answer customer inquiries, so you must apply for membership of the Intellectual Property Justice Agency to gain access to the community. Please note that the Copyright Inquiry Service is only able to provide general advice in relation to current copyright law. It cannot provide legal advice in relation to how the law should be interpreted in specific cases.
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