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Works in the
Public Domain
A
public domain
work is a creative work that is not protected by
copyright and which may be freely used by
everyone. The reasons that public domain works
are not protected include:
-
The work
does not meet the requirements for
copyright.
-
The
copyright for the work has expired.
-
The
author/creator failed to satisfy statutory
formality to perfect the copyright.
-
The work was
created by the U.S. Government. (see
note)
Once a work
enters the public domain, it cannot be reclaimed
by the original copyright owner.
When
Copyright Expires
Check
the table below to determine if a work's
copyright has expired:
|
Date
of Work |
When
Copyright Begins |
Term
of Copyright |
|
Created on or after
January 1, 1978
|
When the work is fixed in a tangible
medium of expression
Under the Berne Convention Implementation
Act, works published without copyright
notice between January 1, 1978 and March
1, 1989 retained copyright only if efforts
to correct the omissions were made within
5 years (ex. placing notice on unsold
copies). |
Life of author/creator + 70 years
If work has multiple authors/creators, the
term is measured by the life of the
longest-lived author + 70 years.
If work is of corporate authorship, a work
for hire, or its author remains anonymous
or uses a pseudonym, the shorter of 95
years from publication or 120 years from
creation.
|
|
Created before January 1, 1978 but
published between January 1, 1978 and
December 31, 2002
|
January 1, 1978 – The 1976 Act eliminating
common law copyright became effective. |
Life of author/creator + 70 years or
December 31, 2047 – whichever is greater
|
|
Created before January 1, 1978 but not
published |
January 1, 1978 – The 1976 Act eliminating
common law copyright became effective.
|
Life of author/creator + 70 years or
December 31, 2002 – whichever is greater
|
|
Published from 1964-1977
|
When the work was published with copyright
notice
Under the 1909 Act, works published
without copyright notice went into the
public domain upon publication.
|
28 years from when copyright began; now
there is an automatic extension of 67
years for second term |
|
Published from 1923-1963
|
When the work was published with copyright
notice
Under the 1909 Act, works published
without copyright notice went into the
public domain upon publication.
|
28 years from when copyright began; could
be renewed for 47 years, now extended by
20 years for a total renewal of 67 years.
If copyright is not renewed, work is
included in the public domain. |
|
Published before 1923
|
--- |
Work is in the public domain |
*Note on
Government Documents
Publications
of the United States Government are documents
prepared by an officer or employee of the
government as part of that person's official
duties (17 U.S.C. 101) and as such are in the
public domain and are not copyrighted. These may
be photocopied without restrictions. However,
there is a small number of U.S. government
publications which have been copyrighted, and a
notice will appear in them. These publications
are subject to the college's general copyright
policy. Examples of restricted government
documents include classified information and
trademarks (ex. Smokey the Bear).
Finding Works in the Public Domain
Use
these resources to find works that are not
protected under U.S. copyright laws.
-
Internet Archive
Digital library of Web collections, movies
and moving images, texts and audio.
-
National Archives and Records Administration
The NARA provides an online catalog
of over 124,000 federal documents housed
in the Washington, DC area, in regional
archives and at Presidential Libraries.
These documents are intended for the use
of the American public.
-
Federal Resources for Education Excellence
(FREE)
-
American Memory Project
Digital collection from the Library of
Congress. Read the LOC's copyright
disclaimer before using these works.
-
Public
Domain Information Project
A resource for public domain music and
sound.
-
Project
Gutenberg
Project Gutenberg provides a
searchable site featuring electronic texts
of light literature, heavy literature and
reference materials in the public domain.
-
The Open Video Project
Search this digital library for digital
clips. Many clips come from government
agencies. The record for each clip is
accompanied by copyright instructions; and
many of the clips are in the public domain
or are available for non-commercial use.
-
Free Foto
This site offers free 58,000+ images for
non-commercial use. Images may be purchased
for commercial use.
-
Creative
Commons
A non-profit organization working
with creators to make certain works
available with fewer copyright restrictions.
Sources
Some of the information used on this page came from these
sources:
Disclaimer
Please note that the information presented
in the Online Copyright Center is for
information purposes only. It should not
be used as a substitute for actual legal
advice.
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