A Farewell to Copyrights: Works Entering the Public Domain in 2025

What do William Faulkner, Ernest Hemingway, Virginia Woolf, the Marx Brothers, and Popeye have in common? As of the stroke of midnight on January 1st, 2025, either some of their works or the character itself entered the U.S. public domain.

But what exactly does entering the public domain mean? Before starting on that script for the Popeye and Olive Oyl movie you've always wanted to make, be sure you're not legally stepping on someone's toes.

Goodnight to the Copyright

Under Chapter 3 of U.S. Code 17, copyrights from before 1978 have a duration of 95 years. This means most original works enter the public domain on the first day of the 96th year after creation. For 2025, works that came out in 1929 are now part of the public domain. For works created after 1978, copyright lasts for life-plus-70 years.

Musical compositions and recordings are slightly different. Under the Musical Modernization Act of 2018, recordings first published between 1923 and 1946 are covered for an additional five years. Songs and other recordings from 1924 are now in the public domain.

Compositions follow the same 95-year rule as other works. It's important to note (ahem) that this doesn't mean the recordings are also in the public domain. A composition from 1929 is now in the public domain, such as "Singing in the Rain" by Arthur Freed and Nacio Herb Brown, and "Bolero" by Maurice Ravel. A recording made in the same year is likely still protected by copyright law.

Unpublished creations have rules based around 1978. Private, unpublished works were protected until 2002. If published before 1978, they are covered until 2047. Corporate works before 1978 are protected for 120 years. After 1978, they are covered for 95 years after publication.

All Quiet on the Legal Front?

A work entering the public domain is no longer under copyright protection for that specific iteration. That's a crucial distinction. As mentioned, a composition entering the public domain doesn't protect all subsequent recordings. Any recorded version of Bolero is likely still under copyright.

Different versions and later copyrights and trademarking can also complicate issues. There was considerable excitement in 2024 when Mickey Mouse entered the public domain due to 1928's Steamboat Willie film. However, he's not wearing his famous oversized white gloves in the short film. Those using an image of him wearing the gloves were violating a copyright (until this year).

Popeye the Sailor has entered the public domain, but the character is also a registered trademark of King Features Syndicate. Any usage of Popeye would need to avoid using characteristics that are part of the version of Popeye they own. For example, spinach wasn't part of Popeye's repertoire right away, but there's a question about whether the copyright for the 1931 strip was ever renewed. His famous song wasn't used until 1933, so it's not in the public domain yet.

Copyright violations can be expensive mistakes. It's best to check on any property you're uncertain of before using it.

Up for Grabs

2025's inclusions to the public domain include a number of first works by creators who would go on to successful careers. These include:

• John Steinbeck - Cup of Gold
• Dashiell Hammett - The Maltese Falcon (published in serial form in Black Mask Magazine)
• William Faulkner - The Sound and the Fury
• Virginia Woolf - A Room of One's Own
• Erich Maria Remarque - All Quiet on the Western Front (first English language edition, translated by Arthur Wesley Wheen)
• Agatha Christie - The Seven Dials Mystery
• The Marx Brothers -The Cocoanuts (their first feature film)
• Alfred Hitchcock - Blackmail (his first sound film)
• Cecil B. DeMille - Dynamite (his first sound film)

Certain fictional characters and animated shorts also entered the public domain. These include:

• Popeye
• Tintin
• Buck Rogers (this is official, but the character's copyright hadn't been renewed and was already considered public domain)
• More Mickey Mouse
• Disney's The Skeleton Dance, the first of the Silly Symphony shorts

Some works by artists Salvador Dalí and René Magritte are now part of the public domain.

Stoking Creative Fires

While heirs may bemoan the loss of income due to copyright expiration, works moving to the public domain can offer new avenues for creative opportunity. Shakespeare's works, long part of the public domain, have served as springboards for countless books, plays, and movies.

Maybe some exiting new copyright-free works this year will prove to be the missing piece to your own creative project. If not, there's always next year.

Additional Resources

• Public Domain: When Can You Lift Content? (FindLaw's Law and Daily Life)
• Copyright Law (FindLaw's Intellectual Property Law)
• Fair Use or Public Domain? (FindLaw's Learn About the Law)