17 U.S.C. § 303

Duration of copyright: Works created but not published or copyrighted before January 1, 1978

(a)

Copyright in a work created before January 1, 1978 , but not theretofore in the public domain or copyrighted, subsists from January 1, 1978 , and endures for the term provided by section 302. In no case, however, shall the term of copyright in such a work expire before December 31, 2002 ; and, if the work is published on or before December 31, 2002 , the term of copyright shall not expire before December 31, 2047 .

(b)

The distribution before January 1, 1978 , of a phonorecord shall not for any purpose constitute a publication of any musical work, dramatic work, or literary work embodied therein.

( Pub. L. 94–553, title I, § 101 , Oct. 19, 1976 , 90 Stat. 2573 ; Pub. L. 105–80, § 11 , Nov. 13, 1997 , 111 Stat. 1534 ; Pub. L. 105–298, title I, § 102(c) , Oct. 27, 1998 , 112 Stat. 2827 ; Pub. L. 111–295, § 5(a) , Dec. 9, 2010 , 124 Stat. 3181 .)