Library Home: Intellectual Property (IP): Public Domain

What is in the Public Domain?

“Anything copyrighted prior to 1923 is in the public domain.” (onlinebooks.library.upenn.edu)
CAVEAT: The myth of the pre-1923 public domain
Addendum: Except for the "Happy Birthday Song" lyrics.... the melody was published in 1893. The Happy Birthday Song Copyright "owners" claim the pre-1923 publications were unauthorized.
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Problem explained by Comment Posted by: Sally J. | August 05, 2009 at 02:56 PM
"I suspect it would only apply in cases like the "Happy Birthday" example where a copyright owner later registered a work that had previously been published (but supposedly without authorization). And remember that under 410(c), registration constitutes "prima facie evidence of the validity of the copyright." That means that it would fall upon the presumed infringer to prove that the earlier published version was authorized."
Works Not Protected by Copyright: Circular 33 (copyright.gov)
"Words and short phrases, such as names, titles, and slogans, are uncopyrightable because they contain an insufficient amount of authorship."
Copyright Term and the Public Domain (library.cornell.edu)
Details change as new copyright laws pass..

Public Domain materials have no copyrights. HOWEVER...

Public Domain materials have no copyrights. However, you still need to attribute or cite the source and author as part of your obligation to allow others to search for the content you saw, so that they can confirm or dispute your commentary or use.

In other words: Ethically, if not legally, you must credit the author or creator of a work even if the work is in the “Public Domain”.

FIND: Public Domain Works on the Internet

Absence of a copyright symbol “©” does not mean a work is in the public domain
The CC Search tool is another way to find public domain material.
Digital Public Library Association (DPLA)
Flickr Commons: Some Public Domain Materials Look for license
Internet Archive
Project Gutenberg: Books in the public domain
Public Domain Review
Wikimedia Commons
Useful Links for Public Domain Music Research (pdinfo.com)

Welcome to the Public Domain (fairuse.stanford.edu)

Welcome to the Public Domain (fairuse.stanford.edu)
Excerpt:
There are four common ways that works arrive in 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.
U.S. GOVERNMENT WORKS (fairuse.stanford.edu)
"In the U.S., any work created by a federal government employee or officer is in the public domain, provided that the work was created in that person's official capacity."...
"Keep in mind that this rule applies only to works created by federal employees and not to works created by state or local government employees. However, state and local laws and court decisions are in the public domain."

Public Domain vs. Creative Commons

Public Domain versus Creative Commons (guides.library.harvard.edu)

Beware of these problems

Public Domain and Creative Commons: A Guide to Works You Can Use Freely: Beware of These Problem Areas (libguides.lib.umt.edu)