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What is the Public Domain?
The public domain is a collection of works that are not subject to copyright law. When a work is in the public domain, you can freely copy, distribute, display or perform the work without fear of legal reprisal. Public domain works fall into three categories:
1. Works that automatically enter the public domain upon creation (because they are not copyrightable). Generally speaking these include:
2. Works donated to the public domain by their authors/creators
3. Works that have entered the public domain because the copyright on them has expired (use the chart below and the Tools & Resources tab to help make this determination).
DATE OF PUBLICATION | CONDITIONS | COPYRIGHT TERM |
Before 1929 | None | None. in the public domain due to copyright expiration |
1929 through 1977 | Published without a copyright notice | None. In the public domain due to failure to comply with required formalities |
1978 to March 1, 1989 | Published without notice, and without subsequent registration within 5 years |
None. In the public domain due to failure to comply with required formalities |
1978 to March 1, 1989 | Published without notice, but with subsequent registration within 5 years |
70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
1929 through 1963 | Published with notice but copyright was not renewed |
None. In the public domain due to copyright expiration |
1929 through 1963 | Published with notice and the copyright was renewed |
95 years after publication date |
1964 through 1977 | Published with notice | 95 years after publication date |
1978 to March 1, 1989 | Created after 1977 and published with notice |
70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
1978 to March 1, 1989 | Created before 1978 and first published with notice in the specified period |
The greater of the term specified in the previous entry or 31 December 2047 |
From March 1, 1989 through 2002 |
Created after 1977 | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
From March 1, 1989 through 2002 |
Created before 1978 and first published in this period |
The greater of the term specified in the previous entry or 31 December 2047 |
After 2002 | None | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
Anytime | Works prepared by an officer or employee of the United States Government as part of that person's official duties |
None. In the public domain in the United States, unless the employee was a civilian member of the faculty of one of 15 service academies and the work in question is a literary work intended for scholarly publication. (17 U.S.C. § 105) |