Public Domain

Legal Definitions

A. The public domain is…

Resources in the public domain may be freely shared and incorporated into new works. Creative works that belong to the public domain cannot be or are no longer protected by copyright.

The public domain exists so that creative works can be freely used to enrich lives. The public domain is our commons, and as such, all are able to enjoy our culturally inherited art, poetry, music, media and stories.

Other benefits the public domain provides include:

1. New works are frequently created from (or inspired by) public domain materials
         *Example: “Cinderella”
 2. Low-cost editions of public domain materials are frequently available.
         *Example: “The Secret Garden”
3. The public domain promotes artistic freedom.
         * Example: Jonas Cone Video
4. Scholars and others may freely use public domain materials for research and projects
         *Example: A paper on Copyright Law

B. The public domain is not…

Public domain status is not temporary. All copyrighted materials end up – and remain -- in the public domain eventually.

Current copyright protection lasts for the life of the author plus 70 years. Every creative work made before 1923 is already in the Public Domain. However, determining what is and what is not in the public domain can become tricky when considering works made between 1923-1976. Extensions made to the copyright term during that time have made the copyright status of works published during the period less clear cut. If you are uncertain of a work’s copyright status, the work may be looked up through the Copyright Office.

C. How it works…

A creative work may be in the public domain for a variety of reasons.

1. The work was published before copyright law even existed.
   *Example: Shakespeare's plays (published in 1600); or any other work published before 1790. [Image of Shakespeare]
2. The work’s copyright protection has expired
   *Example: This drawing of a dinosaur from 1919; or any other work published before 1923. [Drawing by Heinrich Harder]
3. The copyright protection was lost or, for some reason, never acquired.
   *Example: The movie, "It's a Wonderful Life" (1946)

4. The copyright owner dedicated the work to the public domain
     *Example: This photograph of Monument Valley (dedicated to public domain on Wikipedia commons); or any other work signed anonymously and devoted to a public space
5. The work was never entitled to copyright protection.
         *Example: US Government works; also facts, data and ideas

Mixed Media

• Audio Interview w/ James Boyle, co-founder Center for the Study of the Public Domain A Duke law professor’s new book explains how copyright, patent and trademark laws have made most of 20th century culture legally inaccessible.
• Bound By Law Comic Book by Center for the Study of the Public Domain. Features a filmmaker who must clear learn about copyright and fair use in order to make her film.