A discussion of Public Domain must begin with reviewing two standard definitions of the term “Public Domain.”
The first definition relates to content being published or made available to the public, like the news is available to the public or when something is on the market for purchase.
The second definition refers to the particular copyright status of a work.
U.S. Government work (not including third-party contractors) does not have copyright protection, so it is automatically in the Public Domain.
Public Domain also refers to the “realm of material – ideas, images, sounds, discoveries, facts, texts – that is unprotected by intellectual property rights and free for all to use or build upon. It includes our collective cultural and scientific heritage and the raw materials for future expression, research, democratic dialogue, and education.” (Duke University's, Center for the Study of the Public Domain, CC BY-SA 3.0)
For some works, the copyright holder may expressly waive their inherent rights in a work and dedicate the work to the Public Domain.
In addition, for some works, the associated term limits for the copyright protection expires or has been forfeited due to registration errors or non-renewals, and the work rises to Public Domain status.
Hirtle's Copyright Term and Public Domain in the United States chart may be used as a beginning point for researching the status of a work based on dates, published or unpublished status, registration status, and publication location.
There are many criteria involved in assessing if a work is in the Public Domain. However, works published (not to include unpublished works) prior to January 1, 1923, are generally considered to be in the Public Domain.
As with anything concerning copyright, due diligence in researching the status is necessary. Just because a work may be found online or even cited as Public Domain, a good faith research effort is recommended to verify the status.
While there is no legal requirement for attribution when using Public Domain content, academic and ethical scholarship necessitate citation and attribution to the original source to avoid the appearance of plagiarism.
Terri Bell
706-867-2738
terri.bell@ung.edu
The information presented here is intended for informational purposes and should not be construed as legal advice. If you have legal questions, please contact the Office of General Counsel.