Copyright FAQ: When Is A Work In The Public Domain?

Today, using someone else’s work is often as easy as “cutting and pasting.” However, if you don’t follow the rules with regard to copyright law, you could end up involved in a costly copyright infringement lawsuit.
When deciding whether you can use someone else’s work without permission, there are a number of factors that must be taken into consideration. This post offers a brief look at works “in the public domain.” Tomorrow, we will look at another exception to copyright protections—the doctrine of fair use.

The Public Domain
Works that are deemed to be “in the public domain” may be used without permission. In most cases, works enter the public domain because their copyrights have expired. This explains why many older books can be uploaded on devices like iPads and Kindles for free.

While determining if a copyright has expired involves a bit of research and a little math, it is generally a fairly straightforward procedure.

We have provided a brief summary of the rules below:

• All works published in the United States before 1923 are in the public domain.
• Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. However, even if the author died over 70 years ago, the copyright in an unpublished work lasts until December 31, 2002.
• For works published after 1977, the copyright lasts for the life of the author plus 70 years. However, if the work is a work for hire (that is, the work is done in the course of employment or has been specifically commissioned) or is published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.
• Lastly, if the work was published between 1923 and 1963, you must check with the U.S. Copyright Office to see whether the copyright was properly renewed. If the author failed to renew the copyright, the work has fallen into the public domain and you may use it. The renewal records for works published from 1950 to the present are available online at http://www.copyright.gov/.

Finally, since the costs of a copyright infringement lawsuit can often be more than the value of the work in question, it is advisable to consult with an experienced intellectual property attorney if the copyright status of a work is in question.

Source: Nolo

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