The Question of Copyright - Part 1

Been readying your adaptation of F. Scott Fitzgerald's Tales of the Jazz Age in hopes of production next year, with the full knowledge that it will fall into public domain? Better rethink things.

The laws regarding copyright have always been convoluted, at best. See, for instance, this "explanatory" note from the U.S. Copyright Office's "Circular 1, 'Copyright Basics:'"

Before 1978, Federal copyright was generally secured by the act of publication with notice of copyright, assuming compliance with all other relevant statutory conditions. U.S. works in the public domain on January 1, 1978, (for example, works published without satisfying all conditions for securing Federal copyright under the Copyright Act of 1909) remain in the public domain under the 1976 Copyright Act. Certain foreign works originally published without notice had their copyrights restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b and see the "Notice of Copyright" section on page 4 of this publication for further information. Federal copyright could also be secured before 1978 by the act of registration in the case of certain unpublished works and works eligible for ad interim copyright. The 1976 Copyright Act automatically extends to full term (section 304 sets the term) copyright for all works including those subject to ad interim copyright if ad interim registration has been made on or before June 30, 1978.

Ah huh. So unless you're considering adapting a work that you know for a fact is in the public domain -- say, for instance, that it was published prior to 1899 -- you'd be best served consulting a copyright expert or attorney familiar with copyright law. (What follows is my basic understanding of the 1976 law; please! check with an authority before taking my word on it!)

Under the Copyright Act of 1976:

• For works created and published or registered prior to January 1, 1978, the term was 28 years from the date copyright was secured, with an optional 28 year renewal term (if a renewal was requested 1). This renewal was then amended to 47 years, with an adjusted total of 75 years. A further amendment automatically renews any work copyrighted between January 1, 1964 and December 31, 1977 for the additional 47 years (thus creating parity with works published after January 1, 1978).
• For works created on or after January 1, 1978, the work would remain under copyright for 50 years after the (surviving) author's death, or in the case of a work for hire, 75 years from the publication of the work
  The copyright of the article The Question of Copyright - Part 1 in Theatre is owned by Steven M. Alper. Permission to republish The Question of Copyright - Part 1 in print or online must be granted by the author in writing.

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