How Work Enters the Public Domain
Some things are not eligible for intellectual property protection and are automatically in the public domain. This includes:
Work also enters the public domain when its IP protection expires. For patents, this term is generally 20 years from application (14 years from issuance for design patents). On occasion, patents may be extended for up to five years. They may also expire early if the patent holder does not pay maintenance fees.
Copyright terms are a bit more complicated, as the law has changed several times over the past century.
Under U.S. law, works published before Jan. 1, 1923, are in the public domain.
Works published between 1923 and 1977 will generally enter public domain 95 years after their first publication date. Those published before 1964 are already public domain if they were not properly renewed.
Works created before 1978 but not published until between 1978 and 2002 will enter the public domain either 70 years after the author's death or at the end of 2047, whichever is longer. Works by unknown authors or done for hire will remain protected at least until the end of 2047.
Works created after 1977 become public domain works 70 years after the creator's death. Corporate works become public domain either 95 years after publication or 120 years after creation, whichever comes first, with some caveats.
A copyright owner may also choose to release the work to the public domain. These works usually contain an explicit statement such as, "This work is dedicated to the public domain." Do not confuse public domain with Creative Commons licensing, in which the author licenses the public to use a work with various restrictions but without needing to request permission.
The Internet and Public Domain
Although much of the information posted to the Internet is freely available to the public, the Internet is not in and of itself public domain. Most of the material posted there is protected by copyright, regardless of whether the author has put a copyright notice on it. When you post your work online, it's a good idea to include a copyright notice to remind people it's protected.
In addition, making software or PDF files easily downloadable is not the same as placing it in the public domain. You may use the copy you downloaded for your personal use, but unless it includes a license stating otherwise, you may not resell it, distribute it or claim it as your own work.
That said, fair use still applies to material on the Internet, so if you want to use a small amount for educational purposes or commentary, this is generally permissible. Overall, it's best to ask permission before using material from the Internet. You can use a copyright request for this.
Government Website Content and Public Domain
Federal government works-material created by federal government employees as part of their jobs-are automatically in the public domain in the United States. This includes material published on the Internet, so much of what you find on government websites (generally *.gov and *.mil sites) is public domain and free for you to use or republish.
However, not all the material published on these sites was government-produced. The site may:
Republish copyrighted works under license
Publish excerpts of copyrighted works under fair use
Allow members of the public to contribute photos or other works to some sections of a site
Commission works by independent contractors
Unless the website states differently, the authors of these types of works hold the copyright to them. In addition, the government may hold copyrights transferred to it by the creator. Finally, state and local governments may, and often do, retain copyright to work created by their employees, including material on their websites.
In short, it's a good idea to read the disclaimers on the site before assuming material posted there is public domain. Images and other materials credited to a specific person or organization are likely protected.
Using Public Domain Property
You may use public domain property any way you wish, including republishing it as is and creating derivative works. If you've added enough of your own creativity to the new work, you can even copyright the work, although protection will only extend to the new material, not any words copied directly. You cannot copyright an abridged version or anthology that you have not added anything new to.
Keep in mind that public domain laws in other countries differ. The United States has treaties and conventions with many other countries, but works that have entered the public domain the the U.S. may not have in other countries, and vice versa.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
FAQs
The term 'public domain' refers to works "owned" by the public as a whole. Works that are in the public domain are not protected by any intellectual property (IP) rights, because they are not eligible or because those rights have expired or been forfeited by the creator, either deliberately or through carelessness.
What is not protected by IP rights? ›
Facts cannot be protected as IP. Realities like “2 + 2 = 4” and “71 percent of Earth's surface is water” are simply, well, facts. As such, they cannot be owned. Until they're spoken, written, or otherwise recorded, ideas are not protected by intellectual property rights.
Is public domain content protected by intellectual property laws? ›
No, the public domain includes material that is unprotected by any intellectual property rights, including both copyrights and patents. Copyright law protects original works of authorship, while patent law protects inventions or discoveries.
Which of the following is not protected by intellectual property laws? ›
Explanation: The four classifications of intellectual property are patents, copyrights, trade secrets, and trademark. Innovation does not belong to the forms of intellectual property protection. Hence, Innovations is the correct option.
Which of the following Cannot be protected under IP rights? ›
Actors cannot be protected under copyright. Intellectual property IP refers to the creations of the human mind like inventions literary and artistic works symbols names images and designs used in business.
What is not covered by IP? ›
In general, copyright does not protect individual words, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
What Cannot be protected by copyright? ›
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33, for further information.
What are the restrictions on public domain? ›
No permission is needed to copy or use public domain works. A work is generally considered to be within the public domain if it is ineligible for copyright protection or its copyright has expired. Public domain works can serve as the foundation for new creative works and can be quoted extensively.
What are the exceptions to copyright public domain? ›
There are some expressions, including facts, local laws, or works of the US Government (to name a few), which are excluded from copyright protections. These are born directly into the public domain, free to copy, reuse, adapt or distribute.
Are public domains protected by copyright? ›
The phrase "public domain" (PD) isn't in the U.S. Copyright Act. It is, however, commonly used to refer to content that isn't protected by copyright law. Works that are in the public domain may be used freely, without obtaining permission from or compensating the copyright owner.
For example, copyright does not protect factual information or data, titles, short word combinations, names, characters, slogans, themes, plots, or ideas.
What is not copyright infringement? ›
Works that have not been fixed in a tangible medium of expression (that is, not written, recorded, or captured electronically) Titles, names, short phrases and slogans; familiar symbols or designs; mere variations of. typographic ornamentation, lettering or coloring; mere listings of ingredients or contents.
What are the four types of intellectual property? ›
Intellectual Property Law includes patents, copyrights, trademarks, and trade secrets.
What is protected by IP law? ›
Intellectual Property (IP) law relates to the establishment and protection of intellectual creations such as inventions, designs, brands, artwork and music.
Which all are protected by IP laws? ›
IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc.
Who can claim copyright? ›
Copyright is the right of the author of the work or the author's heirs or assignees, not of the one who only owns or possesses the physical work itself.
What are the 4 types of IP rights? ›
There are four main types of intellectual property rights, including patents, trademarks, copyrights, and trade secrets. Owners of intellectual property frequently use more than one of these types of intellectual property law to protect the same intangible assets.
What are the 4 IP rights? ›
Intellectual Property Law includes patents, copyrights, trademarks, and trade secrets. All of these areas are related in that they deal with protecting products of the mind but in other ways they are very different.
What does not qualify as intellectual property? ›
First and foremost, facts cannot qualify as IP. For example, a bottled water provider using the fact that water covers 71% of the world is covered by water in its marketing cannot claim that statement as its own. Similarly, generic words, titles and phrases do not qualify for IP protection.
