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Three Rules Of The Public Domain: How Do You Know If a Work is Public Domain?

One can build a complete business based upon the re-marketing of Public Domain content without spending a single cent, however you do have to comply to some rules pertaining to what is versus what is not in the public domain, and this varies from country to country. To simplify matters, this article will focus on what is versus what isn’t public domain in the USA.

The United States is the ideal starting point of content within the public domain, for the basic reason that it is the most important market and comprises the largest collection of English speaking creative works out of all the English speaking countries. This will make it easier for you to speed up your public domain success. The following are three simple guidelines which will assist you to gauge, at least at the outset, whether the copyright on a U.S. origin creative work is still in effect or has expired.

RULE #1: Creative works published in the USA prior to 1923 are public domain. Although the verbiage used in literature published prior to 1923 is somewhat outmoded, there are also many classics from the pre-1923 era. Besides literature, there are photographs, drawings, and films to name a few. ‘The public domain expert’ Tony Laidig has established that there is an absolute goldmine of content for the taking for those who invest the energy and time to update, repackage, and re-publish it.

RULE #2: Creative works published in the USA between 1923 and 01-Mar-89 are also protected by copyright, provided that certain rules have been adhered to. If the author, publisher or creator of the work neglected to observe the following rules, the work will fall into the public domain:
- Published between 1923 and 1978 without a valid copyright notice;
- Published between 1978 and 01-Mar-89, without a notice and registration;
- Published between 1923 and 1963 with a copyright notice but author failed to renew it in the 28th year after publication.

RULE #3: Works created after 01-Mar-89, even if not published, are copyright protected for seventy years after the author has passed away. Works made for hire after 01-Mar-89 are copyright protected for 120 years from creation or 95 years from the date of publication, whichever comes earlier.

This rule means todays authors do not necessarily need to record a formal notice of copyright, although it is still advisable to do so in case the need should ever arise where you need to enforce your rights or seek legal damages or reparations.

The phrase “works made for hire” refers to publications created by a paid professional, freelancer, or employee who have created something for a third party. The exception to this is that the majority of Federal USA Govt publications, even if created after 01-Mar-89, are for the most part public domain by default.

The preceding 3 rules are broad stroke, and there are exceptions and some finer points that apply to works in the post 1923 period. Public domain lawyer Bob Silber goes into detail on some legal particulars in Public Domain How To with Russell Brunson, a first-rate resource for people who have the aim to build an enterprise profiting from the republishing of public domain works.