{"id":4967,"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\/fair-use-or-public-domain.html"},"modified":"2024-05-22T02:40:00","modified_gmt":"2024-05-22T07:40:00","slug":"fair-use-or-public-domain","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/fair-use-or-public-domain.html","title":{"rendered":"Fair Use or Public Domain?"},"content":{"rendered":"\n
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Fair Use or Public Domain?<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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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

The legal standards and rules for determining fair use<\/a> or public domain<\/a> content may seem confusing. These charts should help give you a better idea of the likelihood of whether your use of someone’s work will run afoul of copyright law.<\/p>\n

Does Your Use of the Work Constitute Fair Use?<\/h2>\n

The closer your answer is Yes to the following questions, the more likely your use is fair use. The right column illustrates examples of factors that make a finding of fair use more likely vs. copyright infringement.<\/p>\n\n

Factors<\/p>\n<\/td>\n

Examples<\/p>\n<\/td>\n<\/tr>

Are you creating something new?<\/p>\n<\/td>\n

Including excerpts in a commentary piece about the book vs. copying a book word-for-word<\/p>\n<\/td>\n<\/tr>

Is the copyrighted work factual?<\/p>\n<\/td>\n

Biography vs. work of fiction<\/p>\n<\/td>\n<\/tr>

Is the portion of the work used small in amount and significance in relation to the entire work?<\/p>\n<\/td>\n

Two sentences from a novel vs. a chapter of the book that goes to the heart of the story<\/p>\n<\/td>\n<\/tr>

Does your use have little or no market impact on the copyrighted work?<\/p>\n<\/td>\n

Excerpting from a travel book on Rome for a book review vs. copying an entire section for a new travel book on Rome<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Is the Work in the Public Domain?<\/h3>\n\n

Publication Date<\/p>\n<\/td>\n

Public Domain?<\/p>\n<\/td>\n<\/tr>

Works published in the U.S. before 1923<\/p>\n<\/td>\n

Yes.<\/p>\n<\/td>\n<\/tr>

Works published in the U.S. in 1923 through 1963<\/p>\n<\/td>\n

Yes, if the copyright was not renewed during the 28th year after the work was first published.<\/p>\n<\/td>\n<\/tr>

Works published in the U.S. in 1964 through 1977<\/p>\n<\/td>\n

No. Automatic copyright renewal protects the work for 95 years.<\/p>\n<\/td>\n<\/tr>

Works published in 1978 or later<\/p>\n<\/td>\n

No. Work is protected by copyright for the life of the author plus 70 years. (a longer copyright term may apply)<\/p>\n<\/td>\n<\/tr>

Works published by the U.S. Federal Government<\/p>\n<\/td>\n

Yes, regardless of publication date.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Public Domain: Additional Factors and Copyright Renewal<\/h2>\n

Although the above chart provides helpful guidance in determining whether a work is in the public domain, there are a few additional steps that will help you in this analysis for published works<\/a>.<\/p>\n