The court in Twin Books, however, concluded "publication without a copyright notice in a foreign country did not put the work in the public domain in the , and hence have the same copyright term as unpublished works.
The decision has been harshly criticized in Nimmer on Copyright, the leading treatise on copyright, as being incompatible with previous decisions and the intent of Congress when it restored foreign copyrights.
Reg.19,287 (1998), Library of Congress Copyright Office, Copyright Restoration of Works in Accordance With the Uruguay Round Agreements Act; List Identifying Copyrights Restored Under the Uruguay Round Agreements Act for Which Notices of Intent To Enforce Restored Copyrights Were Filed in the Copyright Office.
Copyright notice requirements for sound recordings are spelled out in the Copyright Office's Circular 3, "Copyright Notice," available at
Here is the exact text: The copyright notice for phonorecords embodying a sound recording is different from that for other works.
Sound recordings are defined as "works that result from the fixation of a series of musical, spoken or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Copyright in a sound recording protects the particular series of sounds fixed in the recording against unauthorized reproduction, revision, and distribution.
Andorra, Angola, Armenia, Bhutan, Cambodia, Comoros, Jordan, Democratic People's Republic of Korea, Laos, Malaysia, Micronesia, Montenegro, Nepal, Oman, Papua New Guinea, Qatar, Samoa, Saudi Arabia, Solomon Islands, Sudan, Syria, Tajikistan, Tonga, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, Yemen If fixed or solely published in one of the following countries, the 1 January 1996 date given above is replaced by the date of the country's membership in the Berne Convention or the World Trade Organization, whichever is earlier Algeria, Andorra, Angola, Armenia, Bhutan, Cambodia, Comoros, Jersey, Jordan, Democratic People's Republic of Korea, Laos, Malaysia, Micronesia, Montenegro, Nepal, Oman, Papua New Guinea, Qatar, Samoa, Saudi Arabia, Solomon Islands, Sudan, Syria, Tajikistan, Tonga, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, Yemen. For some explanation on how to use the chart and complications hidden in it, see Peter B. Presumption as to the author's death requires a certified report from the Copyright Office that its records disclose nothing to indicate that the author of the work is living or died less than seventy years before.
Hirtle, "When is 1923 Going to Arrive and Other Complications of the U. Public Domain," , and similar charts found in Marie C. copyright duration calculators are available online, including the Public Domain Sherpa ( and the Durationator (in beta at The Open Knowledge Foundation has been encouraging the development of public domain calculators for many countries: see Circular 15a, Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright Protection (, by Peter B. Kenyon (Ithaca, NY: Cornell University Library, 2009) available for purchase at and as a free download at (though note that the only formality that applied was the requirement to renew copyright after 28 years). "Publication" was not explicitly defined in the Copyright Law before 1976, but the 1909 Act indirectly indicated that publication was when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority. A good guide to investigating the copyright and renewal status of published work is Samuel Demas and Jennie L.
Malaro, A Legal Primer On Managing Museum Collections (Washington, D. A useful copyright duration chart by Mary Minow, organized by year, is found at . Europeana’s public domain calculators for 30 different countries outside of the U. Unpublished works registered for copyright since 1978 can be considered as if they were an "Unpublished, Unregistered Work." All terms of copyright run through the end of the calendar year in which they would otherwise expire, so a work enters the public domain on the first of the year following the expiration of its copyright term. to receive copyright protection, and failure to deposit copies of works with the Register of Copyright could result in the loss of copyright. Brogdon, "Determining Copyright Status for Preservation and Access: Defining Reasonable Effort," Library Resources and Technical Services 41:4 (October, 1997): 323-334. The Online Books Page FAQ, especially "How Can I Tell Whether a Book Can Go Online?
For example, a book published on Unpublished works when the death date of the author is not known may still be copyrighted after 120 years, but certification from the Copyright Office that it has no record to indicate whether the person is living or died less than 70 years before is a complete defense to any action for infringement. The requirements that copies include a formal notice of copyright and that the copyright be renewed after twenty eight years were the most common conditions, and are specified in the chart. 31: Renewal of Copyright" (1960), reprinted in Library of Congress Copyright Office. See also Library of Congress Copyright Office, How to investigate the copyright status of a work. " and "How Can I Tell Whether a Copyright Was Renewed? within 30 days after its publication abroad, and the work needed to still be in copyright in the country of publication.
A 1961 Copyright Office study found that fewer than 15% of all registered copyrights were renewed. Copyright law revision: Studies prepared for the Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, United States Senate, Eighty-sixth Congress, first [-second] session. Such works have a copyright term equivalent to that of an American work that had followed all of the formalities.