Record the duration of copyright in an original work
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- For each work the lawyer names, record the year the work was made, the year it was first made public if it was, the year the author died if that year is known, whether the file describes the author as a person whose identity is generally known, and whether the work is described as a computer program. Set those facts beside section 33. Do not choose a table item and do not state an expiry year.
- What the lawyer must review
- The lawyer chooses the table and the item. Section 33 has effect subject to Part VII, which was not opened. Subsection (2) is the table for a work first made public before 1 January 2019. Item 1, if no other item applies, is seventy years after the calendar year in which the author died. Item 2 is seventy years after the calendar year in which the work was first made public, where the work is a literary work other than a computer program, or a dramatic work, a musical work or an engraving, the author has died, the work was not first made public before the author died, and item 3 does not apply. Item 3 is seventy years after the calendar year of first being made public, where the author's identity is not generally known at any time before the end of seventy years after the calendar year in which the work was first made public. Subsection (3) is the table if the work was not first made public before 1 January 2019. Item 1 is again seventy years after the year of death if no other item applies. Item 2 is seventy years after the year the work was made, where the identity is not generally known before the end of seventy years after the year the work was made and the work is not first made public before the end of fifty years after that year. Item 3 is seventy years after the year first made public, where the identity is not generally known before the end of seventy years after that year and the work is first made public before the end of fifty years after the year it was made. The lawyer does not apply this section to a sound recording or a film. Those durations were not opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. For each work the lawyer names, record the year the work was made, the year it was first made public if it was, the year the author died if that year is known, whether the file describes the author as a person whose identity is generally known, and whether the work is described as a computer program. Set those facts beside section 33. Do not choose a table item and do not state an expiry year. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Choose the subsection (2) table only if the work was first made public before 1 January 2019. Otherwise use subsection (3).
- Do not treat a computer program as item 2 of the pre-2019 table. That item excludes a computer program from literary works.
- Do not state an expiry year until the lawyer has chosen the item. The period runs from the end of a calendar year, not from a day inside the year.
- Leave Part VII for the lawyer. The section says it is subject to that Part, and that Part was not opened.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.