How Long Does a Copyright Last? Understanding the Duration of Protection

Nov 10

When you create an original work of authorship — such as a photograph, song, blog post, or design — it’s automatically protected by copyright law. But how long does a copyright last? It’s one of the most common questions asked by creators, business owners, and everyday content consumers wanting to avoid their own creative works being infringed upon or wondering whether something they wish to republish is ‘fair game’.

The answer depends on a few key factors: who created the work, when it was created, and under what circumstances. While all copyrights eventually expire and enter the public domain, the timeline for that protection can vary significantly depending on whether the work was created by an individual, by multiple authors, or as part of an employment or commissioned relationship.

Understanding how copyright duration of protection works is critical for both creators and business owners. It ensures you know how long your work is protected — and when someone else’s work might no longer be, allowing you and others to use it freely once it enters the public domain.

The Basic Rule: Life of the Author + 70 Years

For most modern works, copyright protection lasts for the lifetime of the author plus 70 years after their death. This rule ensures that the creator and any of their posthumous heirs can benefit financially from the work for decades after its creation.

For example, if a photographer takes a series of original portraits in 2025 and passes away in 2065, those photographs remain under copyright until 2135, seventy years after their death.

This “life-plus-70” standard applies to most works created by individual authors after January 1, 1978, the date when the current U.S. Copyright Act went into effect.

Joint Works: When More Than One Author Is Involved

When a work is created jointly by two or more authors — such as a co-written song, screenplay, or book — the copyright duration extends through the life of the last surviving author plus 70 years.

That means if two collaborators co-write a film script, and one passes away long before the other, the copyright doesn’t expire until 70 years after the second author’s death. This ensures that both creators (and their estates) are fully protected for the duration of the work’s commercial life.

Works Made for Hire

The rules change significantly when a work is classified as a “work made for hire”. In simple terms, a work made for hire is something created as part of an employment relationship or under a specific written contract stating that the work will be owned by the commissioning party, rather than the individual creator. This is common for corporate branding materials, advertising campaigns, and content created by employees as part of their job.

For these types of works, copyright protection lasts for 95 years from the date of publication or 120 years from the date of creation — whichever expires first.

For example, if an online education company hires a production firm to create a video course in 2025 and publishes it that same year, the copyright protection will last until 2120, which is 95 years after publication. Because it’s a work made for hire, the company — not the individual creators — retains ownership and control of the content for decades.

Is There a Difference in the Duration of Protection Between Registered and Unregistered Works?

One common misconception is that registering a copyright changes how long the protection lasts. It doesn’t — both registered and unregistered works are protected for the same duration under copyright law. However, registration does provide important legal advantages — including the ability to sue for infringement and to recover statutory damages and attorney’s fees if your rights are violated.

So while registration doesn’t extend the lifespan of your copyright, it does strengthen your ability to protect it.

What Happens When Copyright Expires?

Once a copyright expires, the work enters what’s known as the public domain.That means the work is no longer protected by copyright and can be freely used, reproduced, or adapted by anyone, without needing to seek permission or pay licensing fees.

Classic examples include many of Shakespeare’s plays, Beethoven’s symphonies, and more recently, older works like F. Scott Fitzgerald’s The Great Gatsby and A.A. Milne’s Winnie the Pooh, which entered the U.S. public domain in recent years.

When a work enters the public domain, it opens new creative possibilities for artists, filmmakers, educators, and businesses. But it also means the original creator (or their estate) no longer holds exclusive control or the ability to monetize the work directly.

Why Knowing Copyright Duration Matters for Businesses

For entrepreneurs and brand owners, understanding copyright duration is about more than just compliance — it’s about protecting your assets and avoiding costly mistakes.

If your business relies on creative materials — like product photos, written copy, course materials, or digital content — knowing who owns the copyright and how long it lasts can prevent accidental infringement. It also helps you plan ahead for licensing agreements, collaborations, or content you might want to repurpose.

For instance:

If you hire a contractor to create marketing assets, ensure your contract specifies whether it’s a work made for hire or if you’re receiving a copyright assignment.
If you use materials from older works, confirm whether they’re truly in the public domain before incorporating them into your own content.

Understanding these nuances can save your business from unexpected disputes or rebranding headaches later.

Copyright Protection as Part of a Larger Strategy

Copyrights don’t last forever — and that’s by design. They strike a balance between rewarding creativity and eventually enriching the public domain. But during the protection period, copyright registration can be one of your most powerful legal tools.

Registering your copyrighted works proactively ensures you can:

Control how your creative work is used and distributed
License or sell your intellectual property strategically
Enforce your rights if someone infringes on your content
Be eligible for statutory damages, should an infringement issue escalate

And when paired with trademark and contract protections, copyrights form part of a holistic brand protection strategy — one that safeguards your creative assets and strengthens the foundation of your business.

Protecting Your Creative Work for the Long Term

At the end of the day, understanding how long a copyright lasts is about more than legal timelines — it’s about protecting the creative work that fuels your business.

Your copyrights safeguard your originality. Your trademarks protect your brand identity. Together, they ensure that the time, talent, and thought you pour into your business are fully protected and positioned to grow in value.
Knowing how to manage those rights — and when they expire — gives you confidence that your work is secure today, and that your legacy will endure for decades to come.

If you’re ready to make sure your intellectual property is protected from every angle, we’d love to help! At Mika Mooney Law, we work with entrepreneurs, creators, and brand owners to secure their copyrights and trademarks so they can build with confidence and clarity.

Click here to learn more about our brand protection services and book a free discovery call.

Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.