§ 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.