Public Domain

Public Domain is a term that refers to copyrightable material that is not covered by copyright protection.

You can reuse any of the following public domain content without the need for permission.

  • Content which originally published prior to January 1st, 1923.
  • Any content published by an office or branch of the U.S. federal government.
  • Any content explicitly identified by its creator or copyright holder as having been placed in the public domain for public use.
    • This content may occasionally be marked with a CC0 license badge

When using content under public domains, you must keep the following limitations in mind:

  • Public domain only applies to content that published in the U.S.
  • Public domain does not cover any third-party content contained within it. Those works are under their own copyright and may require permission.
  • Just because content is found on the internet, even if it is found on multiple sites, does not mean the content is in the public domain.
  • While federal works are public domain, state works (such as individual state departments of education) might be copyrighted.
  • Public domain only covers a work's copyright, it does not extend to any privacy or personal rights an individual associated with the work may have.

Additional Concept Framework

  • Copyright rules vary significantly around the world. 
  • For works created and/or published in the United States, there are three primary ways the work may enter the public domain.

Three ways a U.S. Work enters the Public Domain:

1. Expiration of Copyright Term

  • Copyright protection in the United States has an expiration date. 
  • The duration of copyright depends on a number of factors:
    • The date the work is created/published
    • Whether the copyright was registered and renewed
    • The life span(s) and contributions of the author(s)
    • Whether the work is anonymous or a work made for hire.   
  • Here are a few simplified guidelines:
    • Works published in the U.S. prior to January 1, 1923 are in the public domain.
    • Works published in the U.S. between January 1, 1923 and January 1, 1978 are likely still protected. 
    • Works created/published in the U.S. on or after January 1, 1978 are generally protected for 70 years after the death of the last living author.
    • For anonymous works and works made for hire, works are protected for 95 years from publication or 120 years from creation (if unpublished).​​​​​​​

2. U.S. Federal Government Source 

  • Works prepared by an officer, employee, or agent of the United States federal government as part of that person's official duties are in the public domain.  ​​​​​
  • Federal government material may contain third-party material that is protected by copyright, which may require permission.
  • State government material generally is not in the public domain.  

3. Copyright Holder Intention 

  • A copyright holder has the option of intentionally placing his/her work in the public domain.  An explicit Public Domain notice by the copyright holder is required.

When this happens, the copyright holder relinquishes any and all claim to copyright. ntent