The short answer
In the US, works published before 1931 are in the public domain. Works published from 1931 to 1963 are protected for 95 years only if their copyright was renewed; otherwise they are free. Works published from 1964 to 1977 are protected for 95 years automatically. Works created from 1978 onward are protected for the author's life plus 70 years.
Before 1931: public domain
Every January the year that is 96 years back enters the US public domain. On 1 January 2026 that was 1930: the books, films and compositions first published that year.
1931 to 1963: protected only if renewed
Under the 1909 Act, copyright lasted 28 years and could be renewed for a second term, later extended so that the total became 95 years. Renewal was not automatic for works from these years. If the owner never filed a renewal in the 28th year, the work entered the public domain once the first term ended.
That is why the renewal record matters so much. A 1950 novel with a renewal is protected until the end of 2045; the same novel without one has been free since 1979.
1964 to 1977: automatic 95 years
The Copyright Renewal Act of 1992 made renewal automatic for works first published from 1964 onwards. These works get the full 95 years from publication without anyone filing anything.
From 1978: life plus 70
The 1976 Act, in force from 1 January 1978, measures copyright from the author's life: life plus 70 years. Works made for hire, and anonymous works, last 95 years from publication or 120 years from creation, whichever ends first.
| First published in the US | Term | Free from |
|---|---|---|
| 1930 or earlier | Expired | Already public domain |
| 1931 to 1963, not renewed | 28 years | Already public domain |
| 1931 to 1963, renewed | 95 years from publication | 1 January, 96 years after publication |
| 1964 to 1977 | 95 years from publication | 1 January, 96 years after publication |
| 1978 onwards | Author's life plus 70 | 1 January after 70 years from death |
Two traps for foreign works
Restoration. In 1996 the US restored copyright to many foreign works that had fallen into the American public domain because of missing formalities such as renewal or notice, if they were still protected in their home country. A British novel from 1950 that was never renewed in the US may still be protected there.
Notice. Works published in the US before 1978 without a copyright notice generally entered the public domain at once, but this rarely helps with books, which nearly always carried one.
Questions
Works published from 1931 to 1977 can be protected for up to 95 years from publication. For works from 1931 to 1963 that applies only if the copyright was renewed.
Search the renewal volumes of the Catalog of Copyright Entries for the 28th year after publication, or the US Copyright Office's online records for renewals from 1978 onwards.
Not necessarily. Copyright in many foreign works was restored in 1996 if they were still protected in their home country, so an unrenewed British book can still be protected in the US.