What is Public Domain?
The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.
Determine Public Domain Status
The table below, borrowed from Stanford's helpful and thorough fair use and copyright guide, provides general guidelines for when works are likely to enter the public domain.
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Works published in the US before 1924 |
In the public domain. |
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Works published in the US after 1924 but before 1964 |
Initial term of 28 years. If not renewed during the 28th year, the work falls into the public domain. |
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Generally, if a work was published after 1922 but before March 1, 1989 |
Generally, if a work was published without copyright notice under the authorization of the copyright owner and the law does not provide an exception for the omission, the work is in the public domain. |
For a more detailed version, see the Cornell Copyright Term chart, below.
Copyright Term and the Public Domain in the United States
Detailed chart from Cornell allows you to determine when works fall into the public domain. Includes a section on international works.
There are four common ways that works arrive in the public domain:
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