U.S. Public Domain

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

• Works in the public domain may be used freely without the permission of the creator.
• Public Domain applies to a work's copyright, not the personal rights of those appearing within those works. 
• All public domain material should be credited to the original source. Please review the Credit Line Quick Guide for more information.
• When in doubt, it is always best to obtain permission for all third-party content used within your work.
• Public domain only applies to a work published in the U.S. ​​​​​​​
• 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
   

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works and works made for hire, works are protected for 95 years from publication or 120 years from creation (if unpublished).​​​​​​​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.
  • Please be sure to closely review material for credit lines indicating a third-party source. 
• State government material generally is not in the public domain.  
  • Always check the terms of use prior to using any state government material.
  • Obtain permission when in doubt. 

3. Copyright Holder Intention 

• A copyright holder has the option of intentionally placing his/her work in the public domain. 
• When this happens, the copyright holder relinquishes any and all claim to copyright.  
• An explicit Public Domain notice by the copyright holder is required

 

Note:
A work lacking a copyright statement or appearing in a publicly accessible location does not mean it is in the public domain. When in doubt, request permission. ​If you have questions regarding public domain, please contact your Editorial Team for assistance.