Works that are in the public domain in the U.S. are not protected by copyright for any of the following reasons:
You can use any U.S. work in the public domain in any way that you want, as much as you want. They belong to the public. Keep in mind, however, that the requirements for public domain vary by country.
There are several great resources for finding and accessing materials in the public domain:
Copyright Basics - U.S. Copyright Office
Reproduction of Copyrighted Works by Educators and Librarians - U.S. Copyright Office
Owning and Using Scholarship: An IP Handbook for Teachers and Researchers - Kevin L. Smith, J.D., Director of the Office of Copyright and Scholarly Communication at Duke University
Copyright Term and the Public Domain - Cornell University
Public Domain Handbook - University of California at Berkeley Law School
The large majority of this Guide was obtained from Copyright Basics. Great thanks to April Hatchcock for permission to use.
Below is a basic introduction to U.S. copyright law -- what it protects, how long it lasts, the rights it grants to authors, and its exceptions and limitations.
You will find further information on:
If you don't find the answers you need here, please:
Copyright is a form of legal protection that provides authors of original creative works with limited control over the reproduction and distribution of their work. It gives copyright holders a set of exclusive rights to
These rights are subject to exceptions and limitations, such as "fair use," which allow limited uses of works without the permission of the copyright holder.
Copyright protects "original works of authorship." To be protected by copyright, a work must be original and recorded. It cannot be copied or expressed without being recorded.
Types of works protected by copyright include:
What is not protected by copyright?
What does this mean for you as an author?
You do not need to register your work to have copyright over it, once you create a work in tangible form you have the rights to it. You have a right to control:
However, you should note that adding a copyright notice, creative commons license (thought this allows for copying of work with attribution), or registering your work with the U.S. Copyright Office is a smart move to make.
Effectively managing your rights as a copyright owner can help you to maximize the impact of your research and scholarship.
In order to balance the interests of the creators of copyrighted works with the public's ability to benefit from those works, copyright law includes the exemption of Fair Use.
Fair use allows limited use of copyrighted material without permission for purposes such as criticism, parody, news reporting, research and scholarship, and teaching.
However, just because a use is educational does not mean that it automatically qualifies as fair use. When using content for certain purposes it is important to consider copyright and if you might be infringing on it.
Fair Use Evaluator - American Library Association
Stanford Copyright & Fair Use Center - Stanford University Libraries
Reproduction of Copyrighted Works by Educators and Librarians - U.S. Copyright Office
ACRL
Depending upon when a work was created, it is subject to different requirements regarding copyright notice and registration, as well as different copyright terms.
For example, before 1978 U.S. law required that works be published with a notice of copyright to receive protection. Failure to comply with this requirement would result in the work being in the public domain.
Copyright Term and the Public Domain, a guide to copyright duration created by Peter Hirtle at Cornell University, is a comprehensive and useful resource for researching a work's copyright status. You can also use the Copyright Slider from the American Library Association for quick reference.
As a general rule, works registered or published in the U.S. before 1924 are in the public domain.
Creative Commons helps you share your knowledge & creativity with the world.
Creative Commons licenses are a standardized way to give others permission to share and use your work -- on conditions of your choice. You retain copyright of your work while allowing others to make limited use.
Learn more: creativecommons.org