HOW LONG DOES COPYRIGHT PROTECT YOUR SONGS

By Jeff Brabec
Todd Brabec

Years of Protection. The number of years that copyright protects your rights to the songs you write has been increasing steadily over the past 300 years from 14 years in 1710 to 56 years in 1909.

The 1976 Copyright Revision Act increased the term of protection for most songs written on or after January 1, 1978 from a maximum of 56 years to the life of the writer plus 50 years after his or her death.

Then the 1998 Sonny Bono Copyright Term Extension Act increased the 50 year term to 70 years after the writer’s death. Therefore, in the case of a song written by two or more writers, the protection for most copyrights lasts for 70 years after the death of the last surviving writer.

E X A M P L E. A song is written by four writers in 2004. Three of the writers die in the year 2025, and the fourth writer dies in the year 2075. The copyright protection period for this song would last until the year 2145, which is 70 years after the death of the last remaining writer.

Rules Of Copyright. The rules affecting the duration of copyright protection for a musical work fall into a number of categories depending on when the work is written and what type of work it is.

The rules in this area can be complex and technical, but the following categories of compositions should provide most of the basics that every writer and music publisher should be aware of:

Songs Written Prior to January 1, 1978. Total copyright protection under the 1909 Copyright Law was 56 years (28 years plus a renewal of another 28 years). An additional 19 years of protection was eventually added giving songs a total of 75 years of copyright protection.

The 1998 Sonny Bono Act added 20 more years for a total of 95 years of copyright protection for a song written prior to January 1, 1978.

Songs Written on or after January 1, 1978. The copyright protection for these compositions lasts for 70 years after the death of the author. If a song was written by more than one author and the song is a “joint” work, the term of protection is 70 years after the death of the last remaining writer.

Works Made for Hire (Movie Songs And Scores). The length of copyright protection for musical scores and songs written specifically for motion pictures, which are written on or after January 1, 1978, is 120 years from the writing of the score/composition or 95 years from its publication, whichever date is earlier.

© 2004 Jeff Brabec, Todd Brabec
This article is based on information contained in the new, revised paperback edition of the book "Music, Money, And Success: The Insider's Guide To Making Money In The Music Industry" written by Jeffrey Brabec and Todd Brabec (Published by Schirmer Trade Books/Music Sales).