Public Domain Material
How Do You Know If a Work is Public Domain?
Before anything else, the one thing you need to keep in mind about public domain is that you do not have to spend a single cent of your money to make profits. But you do have to conform to certain rules. It is only basic courtesy, after all.
The way public domain works depends on the country. There are sets of guidelines for each and these guidelines will help determine whether the copyright for a particular work has expired or no longer valid.
In the United States, there are three general rules that you need to know to help you assess and evaluate works. Your evaluation will serve as basis when you decide whether the works are in the public domain or not.
RULE #1: Works published in the United States before 1923 are considered public domain.
This rule is cut and dried, and there are no exceptions. If the work was published, created, or produced prior to 1923, then it is in the public domain.
But what kinds of work are published before 1923? And would anyone still be even interested in them?
You might think the contrary but there are works published before the cut-off date that are still of some interest to the popular public. They may be “outdated;” however, this does not completely mean that they have outlasted their use. Some of them may still have relevant content and material in them. Others remain entertaining – a timeless factor, one that makes up the classics that we are so fond of.
With a little work and a good nose for value, you will find yourself sitting on a gold mine in no time.
RULE #2: Works created after March 1, 1989, even if not published, are copyright protected for 70 years after the author’s death. Works made for hire (corporate authorship) after March 1, 1989 are copyright protected for 120 years from creation or 95 years from publication, whichever is sooner.
This rule, of course, means that you do not have to actively file for copyright notice to come under the protection of the copyright law. Under this rule, all creative work produced after March 1, 1989 becomes automatically covered.
Now, for the second part of the rule.
What is this about works made for hire? The phrase “works made for hire” actually refers to publications issued for and by a corporation so that in effect, the legal author turns out to be the employer-corporation. That is why they are sometimes collectively referred to as “corporate authorship” and may include anything from newsletters to employee manuals, annual reports to instructional texts.
Works made for hire may also cover any situation wherein a creative professional is paid to produce a work within the scope of his own employment.
RULE #3: Works published in the United States between 1923 and March 1, 1989 are also copyright protected, provided that the formalities are observed.
These formalities include notice of copyright, registration, and/or renewal. Failure to observe these formalities means that the work is in the public domain. On the other hand, if you comply with the requirements, then your work is under copyright protection.
So, to summarize, you know that a particular work is public domain if it comes under any of the following conditions:
- Published before 1923
- Published between 1923 and 1978 without a valid copyright notice
- Published between 1978 and March 1, 1989, without a notice and registration
- Published between 1923 and 1963 with a copyright notice but author failed to renew it (According to a report, only 7% of copyrights issued through 1958 were renewed)
However, a work is not public domain if any of the following conditions apply:
- Published between 1923 and 1963 with a copyright notice, properly renewed before its expiration for the first 23-year protection term
- Published between 1963 and March 1, 1989 with a valid copyright notice
- Published or created any time after March 1, 1989 (Works after this date are deemed automatically under copyright protection)
So, now that you know how to identify a public domain work when you see one, it is time for you to figure out where to find them. Fortunately for you, you do not have to look far.