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The provisions of the 1988 Act (ss. 12–15) as it received Royal Assent are given below. All periods of copyright run until the end of the calendar year in which they would otherwise expire. The duration of copyright under the 1988 Act does not depend on the initial owner of the copyright, nor on the country of origin of the work.
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Therefore, if an unpublished work by an author who died before 1918 is published after the commencement of the 1988 Act, the copyright will expire at the end of 2039. However, if a work by an author who died before 1918, say 1870, was published in 1970 (i.e. before the 1988 Act), its copyright would expire 50 years after 1970, i.e. in 2020.
Case Citation Year Vote Classification Subject Matter Opinions Statute Interpreted Summary; New York Times Co. v. Tasini: 533 U.S. 483: 2001: 7–2: Substantive: Collective works
This situation changed with the 2018 enactment of the Music Modernization Act, which extended federal copyright protection to all sound recordings, regardless of their date of creation, and preempted state copyright laws on those works. Under the Act, the first sound recordings to enter the public domain were those fixed before 1923, which ...
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Critics of the CTEA argue that it was never the original intention for copyright protection to be extended in the United States. Attorney Jenny L. Dixon mentions that "the United States has always viewed copyright primarily as a vehicle for achieving social benefit based on the belief that encouragement of individual effort by personal gain is the best way to advance the public welfare;" [24 ...
Vaver notes a "grudging attitude toward moral rights, at least if the expression given these rights in [the 1988 Act] is any testament". [26] Article 5(2) of the Berne Convention requires that the exercise of authors' moral rights "shall not be subject to any formality ", while the right to attribution requires that the author assert ownership ...