Public Domain
The public domain refers to creative works that are not protected by copyright. Anyone can use them without asking for permission or paying royalties.
This includes works whose copyrights have expired, works never eligible for copyright, or works that creators deliberately place into the public domain.
How Public Domain works in the U.S.
Most works published before 1929 are now in the public domain. New works enter the public domain each year as copyrights expire.
Additionally, federal government works are automatically in the public domain from the moment they’re created.
Works Published 1978 and after:
Work is under copyright when fixed in a tangible form (written, recorded, etc.) and enters the public domain 70 years after the death of the longest surviving author.
Unpublished Works Created Before 1978
Protected starting Jan 1, 1978, lasting until 70 years after the author’s death (or at least until Dec 31, 2002, whichever is later).
Works Created Before 1978 but Published Between 1978–2002
Protected starting Jan 1, 1978, lasting until 70 years after the author’s death (or at least until Dec 31, 2047, whichever is later).
Works Published 1964-1977:
Protected if published with a copyright notice. Automatically renewed for a total of 95 years from publication.
Works Published 1929-1963:
Protected if published with a copyright notice, lasting 28 years at first, but could be renewed to 95 years total.
If not renewed, or published without notice, it’s now public domain.
Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between January 1, 1978 and March 1, 1989 (the effective date of the Berne Convention Implementation Act) retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405.
Works Published 1929 and prior:
Work is in the Public Domain.