How can I tell whether a work is in the public domain?
Answer
Determining "public domain" status -- whether a work is free of copyright restrictions -- can be complicated & depends on the work, where and when it was published, and the author.
For works published in the US, the Cornell University's public domain chart is an indispensable guide. You will need to know whether the work is published or unpublished, when and where it was written or published, the author's dates, and possibly whether it was registered or renewed with the Copyright Office.
Sound recordings, architectural works, choreographic works have their own special rules.
It's also important to understand that a work may be in the public domain in some countries, but still in copyright in others.
And, public domain status of copyright does not mean that the work is free of all legal restrictions -- trademark, privacy, defamation, etc., may also be potential concerns.
Resources:
- Meet with the Copyright Librarian to assess your issues
- Cornell University, "Copyright Term and the Public Domain" (a chart updated annually)
- University of California Berkeley School of Law, "Is it in the Public Domain? A Handbook for Evaluating the Copyright Status of a Work Created in the United States Between January 1, 1923 and December 31, 1977" (2014)
- Stephen Fishman, The Public Domain: Find and Use Free Content for Your Website, Book, App, Music, Video, Art, and More (Nolo Press) (available for purchase at Nolo Press and various editions in the Libraries' collections)