The Rule of the Shorter Term
What It Is and Why It Matters
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Casper du Toit
- Last updated:
- September 4, 2025
If you’ve ever browsed public domain book listings, you might have noticed a note saying: “Public Domain in the United States and countries following the Rule of the Shorter Term.”
It’s a mouthful, but it’s important. Understanding this phrase can help you know where you can use a public domain work, and where you might accidentally breach copyright laws.
In this post, we’ll break down what the Rule of the Shorter Term means, how it works, which countries follow it, and why details like where a book was first published can make a difference.
What Is the Rule of the Shorter Term?
The Rule of the Shorter Term is a provision in the Berne Convention for the Protection of Literary and Artistic Works. It’s the international copyright treaty that most countries follow.
It basically says:
If a work’s copyright has expired in its country of origin, other countries may also treat it as expired, even if their normal copyright term would be longer.
The key word here is may. The Berne Convention makes it optional. Some countries apply it automatically, some apply it only to non-member states, and some don’t apply it at all.
Why This Matters for Public Domain Books
Let’s say a book was first published in the United States in 1930. If the copyright was not renewed 28 years later during 1958, protection ended on December 31, 1958, and the book entered the public domain on January 1, 1959.
If you live in a country that applies the Rule of the Shorter Term, you can typically also use that book freely, even if your country’s normal term is life of the author + 70 years.
But if your country does not apply the rule, you must wait until your own country’s full term expires. Depending on the author’s date of death, that might be decades later.
Where the Book Was First Published (And Why It Matters)
The “country of origin” is generally the country where the work was first published. This matters because the Rule of the Shorter Term looks at the copyright term in that country, not where the author lived or died.
For example:
If a book was first published in Canada, Canada’s copyright term determines the “shorter term” reference point.
If it was first published in the U.S., U.S. law is the reference, including any quirks like the old renewal requirement.
If it was published in two countries within 30 days, other rules may apply under the Berne Convention (simultaneous publication).
So, if a book was first published in the U.S. in 1930 and then in the UK in 1931, countries that apply the rule will still look to U.S. copyright status first.
Case Study: H. P. Lovecraft
H. P. Lovecraft (1890–1937) wrote many famous horror and science-fiction stories.
In the U.S.:
Works published before 1923 are public domain.
Works published 1923–1963 are public domain if not renewed after 28 years; if renewed, they are protected for 95 years from publication.
Works published 1964–1977 are automatically protected for 95 years.
Unpublished works entered the public domain 70 years after his death (1 Jan 2008).
In EU/UK countries that apply the Rule of the Shorter Term:
Any U.S. works that entered the public domain early due to non-renewal would have entered the public domain there at the same time.
All of Lovecraft’s works entered the public domain at the latest on 1 Jan 2008 (life + 70), but many were already free to use earlier in countries applying the rule.
In Canada (no rule applied):
Canada used life + 50 until 2022, then changed to life + 70 (not retroactive).
All of Lovecraft’s works have been public domain in Canada since 1 Jan 1988.
Countries That Apply the Rule of the Shorter Term
The application of the Rule of the Shorter Term can be complex, but here’s a general overview of where it stands for several countries and regions.
Country / Region | Applies Rule? | Notes |
United States | No | The U.S. does not apply the rule. It uses its own full copyright term, regardless of the work’s country of origin. |
United Kingdom | Yes | Generally applies the rule to works from non-UK countries. |
European Union | Yes | EU member states apply the rule to works from non-EU countries. The copyright term for EU works is life + 70 years. |
Canada | No | Canada does not apply the rule. It uses its own copyright term (now life + 70 years for works still in copyright as of December 30, 2022). |
Australia | No | Australia does not apply the rule and relies on its own copyright term of life + 70 years. |
Japan | Yes | Generally applies the rule to works from non-Japanese countries. |
South Africa | Yes | Applies the rule to works from non-South African countries. |
How This Affects ZeroLimits.org Users
When I say a book is “Public Domain in the U.S. and countries following the Rule of the Shorter Term”, it means:
You can use it freely in the U.S.
You can also use it in countries that apply the rule — because they will match U.S. copyright status if the U.S. term is shorter.
If you live in a country that does not apply the rule (like Canada or Australia), you must check your country’s own copyright term before using it.
Final Thoughts
The Rule of the Shorter Term can be a huge benefit for creators, publishers, and educators who work with public domain material. It can also be a legal minefield if you assume it applies everywhere.
Understanding your country’s stance and knowing where the book was first published will help you make informed decisions and avoid copyright infringement risks.
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.
