Legal Question in Intellectual Property in New York

Duration of copywight protection

In the United States, particularly New York, after how many years does copyright protection expire for news or other information in a print media like New York Times, Time magazine or Newsweek? Thanks


Asked on 9/07/05, 3:12 pm

3 Answers from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Duration of copywight protection

For works created after Jan. 1, 1978, the term of copyright is life of the author plus seventy years. Works for hire are protected for a term of ninety-five years from first publication or 120 years from creation, whichever expires first.

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Answered on 9/07/05, 3:29 pm
Gerry Elman Elman Technology Law, P.C.

Re: Duration of copyright protection

Many news articles by staff writers are "works made for hire" so they will be in copyright for 95 years from publication. However, some such articles are by free lancers, where the protection would last for the life of the author plus 70 years.

Coincidentally there is currently a class action lawsuit by such freelancers against online services that republished the articles they had written for newspapers without expressly authorizing such republication online. This case is being settled, with a court hearing scheduled for later this month.

For more info on copyright duration, see http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm

Note that copyright protects the "expression" written by the author but not the underlying facts.

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Answered on 9/07/05, 3:38 pm
Justin Lampel Lampel & Associates, P.C.

Re: Duration of copywight protection

The facts and events in the printed media are not protected by copyright law, only the expression of those facts and events. So you are free to use any facts/information in those articles, you just cannot express those facts/information in the same way.

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Answered on 9/10/05, 12:30 am


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