Copyright

Not all works are protected by copyright. If the copyright in a work has expired, or a work is a work of the United States government which is not eligible for copyright, the work is in the "public domain" and can be used.

Not all works are protected by copyright. If the copyright in a work has expired, or a work is a work of the United States government which is not eligible for copyright, the work is in the "public domain" and can be used.

Although the length of copyright terms are constantly expanding, there are works whose copyright has expired. Whether the copyright in a work has expired depends on a variety of factors. The "Duration of Copyright" is set forth in 17 U.S.C. §§301-305.1 For a guide to whether (and when) a work is in the public domain, see Cornell University's Copyright Term and the Public Domain in the United States chart.2

• Published Works

As of 2024, works published before 1929 are in the public domain. Works published between 1929 and 1988 may still be protected but, depending on a variety of factors, may be in the public domain. Works published in 1989 and after are still protected.

In the United States, new published works enter the public domain on January 1 of the year. Public domain day occurs every January 1 and celebrates new works which entered the public domain in the United States.3

•   Unpublished Works

Unpublished works are in the public domain if they meet one of the following factors:

• the creator died 70 years ago, or more;
• the creator is unknown, and the work was created 120 years ago, or more;
• the creator's death date is unknown, and the work was created 120 years ago, or more;
• the work is a work for hire and the work was created 120 years ago, or more.4

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Under United States law, 17 U.S.C. §105, "any work of the United States Government" is not protected by copyright.5 17 U.S.C. §101 defines work of the U.S. Government as "a work prepared by an officer or employee of the United States Government as part of that person’s official duties."6

Unfortunately, while some U.S. government works indicate that they are in the public domain, it is not always easy to tell if a U.S. government work was prepared by an "officer or employee . . . as part of [their] official duties." [For more information, see Identifying United States federal government documents in the public domain.7]

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