Copyright law gives creators certain exclusive rights. These rights include the exclusive ability to copy, distribute, and perform the copyrighted work.
But copyright is not infinite. Rather, it provides copyright holders with protections for a limited duration. When a work becomes available for use without permission from a copyright owner, it is said to be "in the public domain." Most works enter the public domain because their copyrights have expired. Consider the following questions to determine whether a work is available for you to use without getting permission.
To determine whether a work is in the public domain and available for use without the author's permission, you must first determine when it was published. Then, apply the following rules to see if the copyright has expired:
The U.S. Copyright Office has a number of helpful resources. Many copyrights can be searched online.
The Copyright Office will also check renewal information for you at an hourly rate. (Call the Reference & Bibliography Section at (202) 707-6850 or email [email protected]). You can also hire a private copyright search firm to see whether a renewal was filed.
If you want to go the least expensive route, you can conduct a renewal search yourself. The renewal records for works published from 1950 to the present are available at the Copyright Office website. Renewal records for works published before 1950 are available in the 660 volume Catalog of Copyright Entries, which have been digitized and made publicly available online on the Internet Archive.
You unfortunately cannot rely on the presence or absence of a copyright notice (©) to determine whether a work is protected by copyright, because a copyright notice is not required for works published after March 1, 1989.
And even for works published before 1989, the absence of a copyright notice may not affect the validity of the copyright, for example, if the author made diligent attempts to correct the situation. The absence of the © symbol is not determinative.
Any work created by a U.S. government employee or officer is in the public domain, provided that the work is created in that person's official capacity. This rule does not apply to works created by state and local government employees.
Millions of works have been dedicated to the public domain. This means the author or other copyright owner chooses to give up all rights in the work forever. This is often done online using a Creative Commons CC0 license.
However, using a CC0 license is not required. A copyright owner's use of any words unequivocally dedicating a work to the public domain can suffice, for example, words such as "this work is dedicated to the public domain and may be reproduced without authorization."
Unless there is express authorization placing the work in the public domain, do not assume that the work is free to use.
Each day, people post vast quantities of creative material on the Internet. Much of this potentially qualifies for copyright protection.
Whether particular material does qualify for copyright protection depends on factors of which you would have no knowledge of, such as when the work was first published, whether the copyright in the work has been renewed, whether the work was made for hire, and whether the copyright owner intends to dedicate the work to the public domain.
If you want to download the material for use in your own work, be cautious. It's best to track down the author of the material and ask for permission. The only exception to this is if you want to use only a very small portion of text for educational or nonprofit purposes. For more information on copyright protection on the Internet, see Getting Permission to Publish: Ten Tips for Webmasters.
For help locating material you can use without permission, see The Public Domain: How to Find and Use Copyright-Free Writings, Music, Art & More by Steve Fishman (Nolo). Remember that copyright litigation and liability can be expensive. You should assume that every work is protected by copyright unless you can establish that it is not. Better safe than sorry.