Definition: 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 the work is not protected include: (1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory formalities to perfect the copyright or (3) the work is a work of the U.S. Government.
| DATE OF WORK | PROTECTED FROM | TERM |
| Created 1-1-1978 or after | When work is fixed in tangible medium of expression | Life + 70 years1 (or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2 |
| Published before 1923 | In public domain | None |
| Published from 1923 - 1963 | When published with notice3 | 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain |
| Published from 1964 - 1977 | When published with notice | 28 years for first term; now automatic extension of 67 years for second term |
| Created before 1-1-1978 but not published | 1-1-1978, the effective date of the 1976 Act which eliminated common law copyright | Life + 70 years or 12-31-2002, whichever is greater |
| Created before 1-1-1978 but published between then and 12-31-2002 | 1-1-1978, the effective date of the 1976 Act which eliminated common law copyright | Life + 70 years or 12-31-2047 whichever is greater |
1 Term of joint works is measured by life of the longest-lived author.
2 Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. § 302(c).
3 Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-1978 and 3-1-1989, effective date of the Berne Convention Implementation Act, retained copyright only if, e.g., registration was made within five years. 17 U.S.C. § 405 (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway).
Chart reprinted with permission. For original and updates see http://www.unc.edu/~unclng/public-d.htm.
Filed under: Copyright, Public Domain
Very good if basic information on a important topic for publishers and other interested parties. But the question remains (and is perhaps heightened), where does one go to get a definitive answer as to whether or not a work is indeed in the public domain, i.e., if published from 1923 to 1963 with notice, has copyright been renewed; or if published from 1923 to 1963 without notice, has it indeed been published without notice?