Works in the public domain may be copied, republished, or otherwise used without worrying about copyright infringement.
Works enter the public domain in several ways:
- When the copyright expires
- For works created on or after January 1, 1978, copyright protection lasts for the life of the author, or last surviving author, plus 70 years. Copyright of a work by an anonymous author or in a "work for hire" is 95 years from date of publication or 120 years from date of creation, whichever is shorter.
- There are two very useful charts on when materials pass into the public domain. One was done by Lolly Gasaway of the University of North Carolina. The other one is provided courtesy of Peter B. Hirtle from the Cornell Copyright Information Center.
- The American Library Association has commissioned this online public domain tool. It works best when applied to print resources. Other formats often have several overlaping copyright holders.
- If a person has placed it in the public domain
- Sometimes authors will place their work in the public domain to be freely used by all. When they do, they usually place certain restrictions on the use. See below for examples where certain permissions have been granted.
- "Chart may be freely duplicated or linked to for nonprofit purposes. No permission needed. Please include web address on all reproductions of chart so recipients know where to find any updates." (From When U.S. Works Pass Into The Public Domain by Lolly Gasoway.)
- "...you may wish to develop your own resources using material from our catalogue. Images may be freely used (with acknowledgement) for non-profit educational purposes."
- If it does not qualify for copyright protection
- Works which lack originality do not qualify for copyright protection. This would include titles, facts, ideas, reproductions of common geometrical figures, listing of ingredients, scientific charts, and so on.
- Works not in a fixed format, such as unrecorded improvised speeches or performances, do not qualify for copyright protection.
- Works created by the federal government do not qualify for copyright protection. Although, works funded by the federal government may.
For more information check out the Library's page on Copyright Law.
If you determine that the work you want to use is in the public domain, use it. If not proceed to Step Two: Guidelines for Specific Uses.
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