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Perpetual copyright

 

Perpetual copyright

Perpetual copyright refers to a copyright which does not expire.

Perpetual copyright around the world

United Kingdom

In the United Kingdom, a small number of works are subject to perpetual copyright by special legislation, such as the Book of Common Prayer and the King James Version of the Bible, both held by Crown copyright.

J. M. Barrie's book Peter Pan has a special provision ensuring royalties will be paid in perpetuity to Great Ormond Street Hospital. However this is not a perpetual copyright because the hospital does not retain creative control over the work.

In general, copyright on all works not having special legislation in their favour expires after a certain number years, usually dependent on the author's lifespan.

United States

In the United States, perpetual copyright is prohibited by the US Constitution, which provides that copyright must be for a limited term. However, it does not specify how long that term can be, and it has successively been extended by Congress. Some have argued that this recurring extension of the copyright term has created perpetual copyright de facto, but this argument has been rejected by the US Supreme Court, which has held that the term of copyright may be extended by Congress, so long as it is still a limited term.



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