Copyright Duration
For Books First Published in the U.S.
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Casper du Toit
- Last updated:
- September 4, 2025
Understanding copyright duration is key for anyone who wants to legally use, share, or republish a book. While the laws have changed over the years, they follow clear patterns once you know the rules.
Here’s a breakdown of copyright duration for books first published in the U.S.
Key U.S. Copyright Rules and Dates
The key to U.S. copyright law is the publication date. The rules change depending on which era a book was first published in.
Published before 1923 These books are in the public domain. This is the safest category for public domain hunters.
Published 1923–1963 This period is all about one crucial step: renewal.
Without renewal: Copyright lasted 28 years. If the copyright holder did not file for a renewal in the 28th year, the work entered the public domain on January 1 of the next year.
With valid renewal: The copyright was extended to a total of 95 years from the date of publication, thanks to later congressional acts. Based on this, books published in the United States before 1930 are in the public domain as of 2025.
Published 1964–1977 Works from this period received an automatic renewal of their copyright. This means they are protected for a full 95 years from their publication date without the copyright holder having to actively file for renewal.
Created 1978 or later (published or unpublished) The Copyright Act of 1976 changed the system entirely. For these works, copyright is no longer tied to publication but to the author’s life.
For individual authors, the copyright lasts for their life + 70 years.
For works made for hire, anonymous, or pseudonymous works, the term is 95 years from publication or 120 years from creation, whichever is shorter.
Works Created before 1978 but Unpublished as of Jan 1, 1978 These works received copyright protection under the 1976 Act. They are protected for the author’s life + 70 years. However, the law guaranteed they would not expire before December 31, 2002. If they were published before the end of 2002, they received a further extension, remaining protected until at least December 31, 2047.
Copyright Duration Chart
Publication Date / Scenario | Public Domain? | Copyright Term |
Before 1923 | Yes | — |
1923–1963, not renewed | Yes | Term expired after 28 years |
1923–1963, renewed | No | 95 years from publication |
1964–1977 | No | 95 years from publication (automatic renewal) |
Created ≥ 1978, by individual author | No | Life + 70 years |
Created ≥ 1978, anonymous / pseudonymous / work-for-hire | No | 95 years from publication OR 120 years from creation |
Created < 1978, unpublished by 1978 | No | Life + 70 years (but not before Dec 31, 2047 if published by 2002) |
Frequently Asked Questions
Do all books published before 1923 belong to the public domain?
Yes. Any book first published in the U.S. before January 1, 1923, is public domain.
What if I find a book from 1935?
You must check whether the copyright was renewed. If not renewed, it is in the public domain. If renewed, it will last 95 years from its publication date, expiring in 2030.
How do I check if a book’s copyright was renewed?
The U.S. Copyright Office has records, but for books published between 1923 and 1963, the Stanford University Copyright Renewal Database is an easy, free, and reliable tool.
Does it matter if the book was first published in another country?
Yes. The rules above apply to works first published in the U.S.. If a book was first published outside the U.S., different rules may apply. Treaties and the rule of the shorter term can complicate things, so research carefully.
Real-World Examples
Think and Grow Rich (1937) by Napoleon Hill: Published in the U.S. in 1937. Copyright was not renewed, so it is in the public domain. (For more details see my post Is Think and Grow Rich in the Public Domain?)
The Hobbit (1937) by J. R. R. Tolkien: First published in the UK. It is still under copyright in the U.S. because Tolkien died in 1973, and the term is life + 70 years, extending protection until 2044.
Brave New World (1932) by Aldous Huxley: Published in the U.S. in 1932. The copyright was renewed, so it is protected for 95 years from publication, expiring in 2027.
Why This Matters for Public Domain Hunters
If you’re looking for U.S. books you can legally copy, sell, or adapt, here’s a simple guide:
Published before 1930 – Public domain as of 2025.
1930–1963 – Public domain only if copyright wasn’t renewed in the 28th year; otherwise protected for 95 years.
1964–1977 – Protected for 95 years from publication (automatic renewal, no check needed).
1978 and later – Protected for the life of the author + 70 years.
Understanding these rules helps you avoid copyright risk and lets you focus on works you can use freely.
Disclaimer: This article is for general information only and is not legal advice. Copyright law is complex and changes over time. Always do your own research and, if possible, consult a copyright attorney in your country before using a work you believe to be in the public domain.
Casper du Toit
Casper du Toit is the founder and owner of ZeroLimits.org. He’s an entrepreneur and brand strategist with a passion for public domain books and a proud supporter of One Tree Planted.
