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Open Educational Resources

What is Public Domain?

Materials within public domain are works where no permission is needed to copy or use them. A work is generally considered to be within the public domain if it is ineligible for copyright protection or its copyright has expired. These works can be used freely and without permission or paying royalties.

Types of works that are generally not eligible for federal copyright protection:

  •  Ideas and facts
  • Works with expired copyrights
  • Works with no original authorship
  • Works governed by early copyright statutes that failed to meet the requirements for copyright protection, i.e., notice, registration, and renewal requirements (see the Rules of thumb, below, for details)
  • U.S. government works (although works written by non-government authors with federal funding and works produced by state governments may be copyright protected)
  • Scientific principles, theorems, mathematical formulae, laws of nature
  • Scientific and other research methodologies, statistical techniques and educational processes
  • Laws, regulations, judicial opinions, and legislative reports
  • Words, names, numbers, symbols, signs, rules of grammar and diction, and punctuation

In the U.S., "the length of copyright protection depends on several factors. Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first." - U.S. Copyright Office

How do I know what is in the public domain?

Aside from using what you've learned here, there aren't clear signs about what does or doesn't fall into the public domain. However, you may see a symbol used in association with Creative Commons to identify works with no known copyright:

PDM

Every year, new works enter the public domain. Check out the SPARC 2024 Public Domain Day Celebration to learn more. Continue below to see where to find materials in the public domain.

Sources

https://copyright.universityofcalifornia.edu/use/public-domain.html CC BY-NC 4.0

https://www.copyright.gov/history/copyright-exhibit/lifecycle/

Web collections of public domain works

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