Public Domain And Copyright Laws: Understanding The Basics

The term public domain refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. Works in the public domain are owned by the public, not an individual author or artist, and can be used or referenced by anyone without permission. This can occur when the copyright has expired, been forfeited, or waived, or if copyright law does not apply to the work in question. For example, in the United States, items excluded from copyright include the formulae of Newtonian physics and cooking recipes. In most countries, copyright protection expires 70 years after the death of the author.

How does copyright expiration affect public domain?

Copyright expiration plays a significant role in determining what enters the public domain. When a copyright expires, the work in question enters the public domain, meaning it is no longer protected by intellectual property laws, and the public owns it. This means that anyone can use, copy, or distribute the work without seeking permission, although no one can ever own it.

The expiration of copyright is one of the four common ways that a work enters the public domain, the others being the copyright owner failing to follow renewal rules, the copyright owner deliberately placing it in the public domain, and the type of work not being protected by copyright law.

The length of time before a copyright expires depends on several factors, including whether the work has been published and, if so, its date of first publication. In general, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For anonymous, pseudonymous, or hired works, the copyright lasts for 95 years from the year of first publication or 120 years from the year of its creation, whichever comes first. For works published before 1978, the term varies depending on several factors.

As of 2019, the copyright has expired for all works published in the United States before 1924. This means that anyone can use these works without permission. However, it is important to note that while individual works may be in the public domain, a curated collection of those works, such as an anthology, may still be protected by copyright. Additionally, copyright expiration and the entry of works into the public domain can vary by country and jurisdiction.

What is the process of dedicating a work to the public domain?

Dedicating a work to the public domain means that the work is no longer protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, and anyone can use them without obtaining permission, but no one can ever own them.

There are four common ways that a work can enter the public domain:

• The copyright has expired.
• The copyright owner failed to follow copyright renewal rules.
• The copyright owner deliberately places it in the public domain, known as "dedication".
• Copyright law does not protect this type of work.

To dedicate a work to the public domain, the copyright owner must waive all rights to the work. This is known as "dedication" and can be done through a waiver statement or anti-copyright notice. However, it is important to note that not all legal systems have processes for reliably donating works to the public domain. In some cases, moral rights or other laws may prohibit the waiver of certain rights, even with a valid contract.

When dedicating a work to the public domain, it is important to ensure that the person making the dedication has the right to do so. Only the copyright owner can dedicate a work to the public domain. If the creator of the work is not the copyright owner, they may not have the authority to dedicate it.

Dedicating a work to the public domain is different from releasing it under a public-domain-like license, such as Creative Commons licenses. These licenses grant permissions to use the work without waiving all rights, and the copyright holder could potentially revoke the license later. In contrast, once a work enters the public domain, the former copyright holder permanently loses all exclusive rights to the work.

How do public domain works apply to copyright laws in the US?

The term "public domain" refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. Public domain works are owned by the public, not an individual author or artist, and anyone can use them without obtaining permission. However, no one can ever own these works.

In the United States, works enter the public domain in several ways:

• Copyright Expiration: Works automatically enter the public domain when their copyright expires. The duration of copyright protection varies depending on when the work was created and published. For works published after 1977, the copyright will expire 70 years after the last surviving author's death. For works published before 1978, the duration of copyright protection has changed over time due to changes in copyright law. As of 2024, all works published in the US before 1924 are in the public domain.
• Lack of Copyright Notice: Works published in the US before 1978 immediately entered the public domain if they lacked a proper copyright notice. From 1978 to 1989, owners could remedy this omission within five years without losing the copyright. Since 1989, no copyright notice has been required.
• Failure to Follow Renewal Rules: Works published before 1964 fall into the public domain if the copyright was not renewed with the US Copyright Office during the 28th year after publication.
• Deliberate Placement in the Public Domain: Sometimes, copyright owners choose to release their work into the public domain through a CC-0 license or a dedication statement. However, it is important to verify that the person dedicating the work is the copyright owner.
• Inapplicable Copyright Law: Certain types of works are not protected by copyright law, such as titles of books or movies, short phrases, facts, ideas, or theories.

It is important to note that while individual works in a collection may be in the public domain, the collection as a whole may be protected by copyright if it involves creativity in the choices and organization of the materials.

How does copyright law affect public domain in the creative industry?

The term "public domain" refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. No individual owns these works; they are owned by the public. Anyone can use a public domain work without obtaining permission, but no one can ever own it. Works in the public domain are those whose intellectual property rights have expired, been forfeited, or do not apply.

Copyright law affects public domain in the creative industry by determining what works are protected by intellectual property laws and what works are not. Works that are protected by copyright law cannot be used without permission from the copyright owner, while works in the public domain can be used by anyone without permission. The public domain is important in the creative industry as it provides a pool of works that can be built upon, remixed, and reused to create new works.

There are several ways that works can enter the public domain:

• The copyright has expired: In the United States, copyrights typically expire 70 years after the death of the author or, for works of corporate authorship, 95 years after publication.
• The copyright owner failed to follow copyright renewal rules: For example, works published in the United States before 1964 fell into the public domain if the copyright was not renewed 28 years after publication.
• The copyright owner deliberately places the work in the public domain: This is known as "dedication" and is indicated by a statement such as "This work is dedicated to the public domain."
• Copyright law does not protect this type of work: For example, copyright law does not protect titles of books or movies, short phrases, facts, ideas, or theories.

It is important to note that while individual works may be in the public domain, collections of public domain works may be protected by copyright. For example, a book or website containing a collection of public domain images may be protected by copyright, even though the individual images are not.

The concept of the public domain is important in the creative industry as it provides a balance to copyright law, allowing for the reuse and building upon existing works to create new ones. It ensures that certain works are freely available for anyone to use, build upon, and enjoy, fostering creativity, innovation, and access to knowledge and culture.

What are the differences between public domain and public copyright?

The term "public domain" refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it. Works fall into the public domain for four common reasons:

• The copyright has expired.
• The copyright owner failed to follow copyright renewal rules.
• The copyright owner deliberately places it in the public domain, known as "dedication".
• Copyright law does not protect this type of work.

On the other hand, public copyright refers to works protected by intellectual property laws. The owner of the copyright has the exclusive right to copy, distribute, adapt, display, and perform the work, as well as to make derivative works. The owner can also authorize others to exercise these rights and collect royalties.

Public domain works are not subject to copyright protection, meaning anyone can use, copy, distribute, or adapt them without obtaining permission. In contrast, public copyright works are protected by copyright law, and using them without permission could result in legal consequences.

It is important to note that the boundaries between public domain and public copyright can be complex and vary across different countries and jurisdictions. Some works may be in the public domain in one country but still protected by copyright in another. Additionally, the release date of a work, the existence of proper copyright notices, and the applicability of specific laws can all impact whether something falls under public domain or public copyright.

Frequently asked questions