{"id":4958,"date":"2016-04-04T10:47:49","date_gmt":"2016-04-04T15:47:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/determining-whether-a-work-is-in-the-public-domain.html"},"modified":"2024-05-22T02:33:05","modified_gmt":"2024-05-22T07:33:05","slug":"determining-whether-a-work-is-in-the-public-domain","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/determining-whether-a-work-is-in-the-public-domain.html","title":{"rendered":"Determining Whether a Work is in the Public Domain"},"content":{"rendered":"\n
\n \n
\n

Determining Whether a Work is in the Public Domain<\/h1>\n
\n
\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last reviewed\n
\n

Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Have you ever wondered why you see so many adaptations of Shakespeare on film and stage? It’s because Shakespeare’s works are in the public domain. Copyright laws<\/a> like copyright infringement<\/a> do not apply to these creative works in the public domain. Any person or business can use these artistic works.<\/p>\r\n

The problem is determining when a work is open for use and in the public domain<\/a>. This article explains copyright law and how you can determine when a work is available to the public for use.<\/p>\r\n

What Is a Copyright?<\/h2>\r\n

Copyright is a type of intellectual property<\/a> protection for small businesses and artists. A person or business with a copyright holds exclusive rights to their original work. This means no one else can use their work without permission. A copyright holder can license their work out to others for a fee.<\/p>\r\n

Copyrights protect small businesses and artists’ work. If the work is original, available in a fixed or tangible medium, and artistic, then it is copyright eligible. Plays, movies, sounds, musical works, paintings, dance choreography, photographs, and drawings are examples.<\/p>\r\n

How Are Copyrights Protected?<\/h2>\r\n

These works get automatic protection on the date of creation. The first time that work is written, drawn, performed, or spoken in a fixed medium, the author’s work has copyright protection.<\/p>\r\n

Copyright registration is not necessary for protection. Most register the work with the U.S. Copyright Office<\/a> to gain additional safeguards. The Copyright Act of 1976 governs copyright law in the United States. The United States joined the Berne Convention in 1989 which allows for United States copyrights to be eligible for international recognition.<\/p>\r\n

Copyright does not protect work in the public domain<\/a>. Anyone can use a public domain work without obtaining permission, but no one can ever own it.<\/p>\r\n

How Long Does Copyright Protection Last?<\/h2>\r\n

Copyrights and any derivative works from that copyright last for a certain amount of time. After the time passes, the work then enters the public domain.<\/p>\r\n

Published works between January 1, 1923 and December 31, 1977 get 95 years of protection from the date of publication. Work created before January 1, 1978 and published before December 31, 2002 is copyrighted until at least December 31, 2047. Works created after January 1, 1978 get a lifetime of protection of the life of the author plus 70 years. If more than one person creates the work, then the work gets protection for the lifetime of the authors plus 70 years after the last author’s death. Any works for hire<\/a> and anonymous and pseudonymous works: 95 years from the publication date or 120 years from creation, whichever expires first.<\/p>\r\n

Works with copyright published before 1978 must apply for renewals to stay active. Works after 1978 do not need to renew their copyright<\/a>. A complete list of copyright duration, year terms, and factors<\/a> affecting it is online with the U.S. Copyright Office.<\/p>\r\n

What Is Public Domain?<\/h2>\r\n

The public owns work in the public domain. It is available to anyone without permission from its creator.<\/p>\r\n

Is Public Domain the Same as Fair Use?<\/h2>\r\n

Intellectual property rights under U.S. Copyright Law do allow fair use of a work with copyright. This means a copyright owner cannot sue someone for infringement of their work. If someone is commenting on the work, parodying it, criticizing it, or teaching with it, then it is fair use of the work. Courts use four factors<\/a> to figure out if this was fair use of the work before issuing sanctions like statutory damages.<\/p>\r\n

How Does a Work Enter the Public Domain?<\/h2>\r\n

Work enters the public domain when:<\/p>\r\n