LibGuides: Copyright: Public Domain (2024)

"The public domain is an important part of the lifecycle of copyright. When a work is subject to copyright protection, its owner has a set of exclusive rights, allowing them to use or give permission for others to use the work in various ways. These include reproducing or distributing the work, creating derivative works, and publicly performing or displaying the work. When the term of copyright protection ends, these now unrestricted works often inspire the creation of new works—such as reproductions, adaptations, and derivatives. If you’re planning to use a work in the public domain to create a new work, it’s important to recognize which creative elements appear in the public domain work versus any that may have been introduced in derivative works—such as in a sequel to a novel, a movie based on a play, or a new arrangement of a musical composition. Derivative works are separate works, and copyright may still protect any new creative elements included in these later works." (U.S. Copyright Office, 2023).

According to the Library of Congress (LOC), "while copyright remains an important tool to promote creative expression, copyright protection does not last forever, and when a copyright expires, the work enters the public domain. Works in the public domain are available for use by everyone without restrictions." When something is in the U.S.public domain,it is free for others to use without obtaining permission from the owner.In other words, it is no longer protected bycopyright.

However, sources of public domain materials such as museums, libraries, and other institutions may impose requirements or restrictions on use in exchange for access to the materials. Additionally, some items produced by thefederal governmentare in the public domain and applies only in the United States. These official works may includelegislation, regulations, legal opinions, hearings, and speeches.Anexception is that literary works produced by civilian faculty at certain military higher educational institutions like NWC for publication by a scholarly press or journal are protected by copyright.

Questions to think about when determining if a work is in the public domain:

  • What type of thing is the work you are looking at (subject to copyright protection, text vs. non-text, published vs. unpublished- including "limited publication")?
  • Where is the work published (U.S. vs. foreign publication)?
  • When was it published (publication date for formalities/requirements)?
    • Public domain rolling year date
    • Is there a copyright notice (similar to © symbol, rightsholder, andyear, requirement if published prior to 1989)
    • Registration with the U.S. Copyright Office (renewal requiredif published prior to 1964)?
LibGuides: Copyright: Public Domain (2024)

FAQs

Are translations of public domain works copyrighted? ›

Is a translation of a public domain work protected by copyright? Yes. A translation is a derivative work of the original and is protected by copyright. The permission of the copyright owner is needed to translate the owner's work into another language.

Are library archives public domain? ›

In general, all government records are in the public domain and may be freely used. We do have some donated or other materials that might be copyrighted. If you have questions about the records you are interested in, speak to the archivist or reference staff that handles those records.

Can you copyright something in the public domain? ›

While a copy of a public domain work gains no new copyright, a curated selection of public domain works may have a new copyright, protecting, for example, the order of appearance of those works (e.g. A collection of public domain postcards may have protection over the order and placement of these images).

What is copyright and fair use Libguides? ›

According to the Association of Research Libraries, "Copyright law is “territorial,” which means that fair use applies to uses of copyrighted material in the United States, regardless of where in the world it originates."

Who owns the copyright of a translated work? ›

Generally, the person or entity who creates the translation is the copyright owner of the 'translated text' in the specific language version, unless the translation is authorized by a 'Work-for-Hire' Agreement, in which case the contracting entity owns all rights (including copyright) to the translation.

Can I use artwork that is in the public domain? ›

Once a work enters the public domain, ownership of the copyright expires. Any person or company is free to use, copy, and distribute the art.

How do libraries get around copyright? ›

Qualifying libraries and archives have many allowances under the copyright law for making copies of protected works for library users, for interlibrary loan, preservation and replacement. These are specified in Section 108 (Limitations on exclusive rights: Reproduction by libraries and archives) of the code.

Is everything on archive public domain? ›

Works that were completed in 1923 or earlier are generally in the public domain. Note, this does not pertain to restored versions of films, new soundtracks or additional enhancements post 1923. Usually, a copyright notice for a new soundtrack or restoration will appear in the film.

Are Library of Congress videos public domain? ›

Most of our moving image collection consists of complete productions protected by copyright. Researchers may view copyrighted works at the Library, but the copyright owner is usually the appropriate source for obtaining duplicate footage. We do not maintain a list of copyright-free material.

How long until copyright becomes public domain? ›

Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first.

What will be public domain in 2024? ›

Background. The Copyright Term Extension Act provides that works published in 1928 enter the public domain on January 1, 2024. Works that are published in 1928 and then translated in a later year may still be copyrighted.

How can I tell if a book is in the public domain? ›

In the United States, all materials published before 1928 are in the public domain as of 2023. * Each January 1, the literature, movies, music scores, and other works released 95 years earlier will enter the public domain.

Are LibGuides accessible? ›

Pros: LibGuides Public facing pages meet accessibility standards. Public page elements have been designed to include text links, link titles, and “alt” tags.

Are ideas in books copyrighted? ›

Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

What are LibGuides explained? ›

They define library guides as: LibGuides is an easy-to-use content management system deployed at thousands of libraries worldwide. Librarians use it to curate knowledge and share information, organize class and subject specific resources, and to create and manage websites.

Are arrangements of public domain works copyrighted? ›

Yes, provided that you create a new arrangement of a public domain work. Currently, the duration of a copyright in the United States is the life of the author plus 70 years after their death. Once this time has passed, the work falls into the public domain and is no longer protected by copyright.

Can you copyright a derivative work of public domain? ›

A work that has fallen into the public domain, that is, a work that is no longer protected by copyright, is also an underlying “work” from which derivative authorship may be added, but the copyright in the derivative work will not extend to the public domain material, and the use of the public domain material in a ...

Are translations intellectual property? ›

Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.

Can an unauthorized translation of a book enjoy copyright? ›

Copyright protection is granted to the original work and its creators, and unauthorized translations or adaptations would be considered derivative works, which require permission from the copyright owner to create and distribute.

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