Research Guides: Public Domain and Creative Commons: A Guide to Works You Can Use Freely: Is it a Public Domain work?

How to use this chart and other tips

Determining whether or not a work is in the public domain by using copyright term duration (by date) can be complicated. Please also see the "Definitions" tab for other kinds of works that do not qualify for copyright protection. The charts you see to the right provide basic information on the length of copyright term for different kinds of works.

Literary, musical, dramatic, audiovisual, motion pictures, and visual art is all included in the first chart.
The second chart focuses on sound recordings since the copyright durations are treated much differently than the others; here is a link to more information that explains why there is a difference. Recent legislation has changed some of these durations; please consult this duration chart from Cornell University Libraries for more information.
Next, each category is divided into whether or not the work is published.
Look at the "Qualifications" column to check for other important aspects of the work you would like to use. For instance, see whether or not a notice was placed on the work (look for "c" in a circle then the copyright holder's name with a date; or check out Circular 22 from the U.S. Copyright Office and refer to page 5), or if the item was written anonymously.
Look to the last two columns to see what the duration of the copyright term would be for that work.
If you cannot make a determination whether or not a work is in the public domain, then it is likely that it's still covered by copyright. Consult with an attorney who specializes in intellectual property law for further assistance.

Public Domain Chart

Please keep in mind that this chart only deals with works published or created in the United States. This chart covers the basic areas of determining how long a work is covered by copyright. For more detailed information, as well as copyright durations of foreign works, please consult Peter Hirtle's chart, "Copyright Term and the Public Domain in the United States", or Michael Brewer's interactive web tool: Digital Copryight Slider. You can also check the U.S. Copyright Office's Catalog of Copyright Entries to see when a work may have been registered (Digitized through University of Pennsylvania); however, this kind of searching can also become complex.

Copyright durations for all works except sound recordings
Type of work	Published	Date of creation or publication	Qualifications	Duration of copyright	Duration of copyright / works made for hire
Works that are literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual in nature as well as motion pictures	Yes	Before 1929	None	Public domain	Public domain
		1929-1963	Published with notice and not renewed	Public domain	Public domain
		1929-1963	Published with notice and renewed	95 years after date of publication	95 years after date of publication
		1929-1977	Published without notice	Public domain	Public domain
		1964-1977	Published with notice	95 years after date of publication	95 years after date of publication
		1978-present	Work must be "fixed in a tangible medium of expression"	Author's life plus 70 years	Lesser of: publication date plus 95 years or creation date plus 120 years
	No	Before 1978	You know the authors' name(s) and you know whether or not they are still living.	The greater duration of: the author's life plus 70 years or December 31, 2002.	The greater duration of: the author's life plus 70 years, or December 31, 2002.
		1978-present	You know the authors' name(s) and you know whether or not they are still living.	Author's life plus 70 years.	Author's life plus 70 years.
		Any	Anonymous, pseudonymous, death date of author is unknown.	Add 120 years to the date of the work's creation.	Add 120 years to the date of the work's creation.

Copyright durations for sound recordings (All information in this chart is paraphrased from Cornell University Library's "Copyright Term and the Public Domain in the United States" guide).

Type of work	Published? (yes/no)	Date of publication (or creation for unpublished works)	Qualifications	Duration of copyright	Duration of copyright for anonymous, pseudonymous, and works made for hire
Sound recording	Yes	Before 1924	None	Public domain
		1924-1946	None	100 years after publication
		1947-1956	None	110 years after publication
		1957-Feb. 14, 1972	None	Covered by state common law until Feb. 15, 2067
		Feb. 14, 1972-1978	Published without notice	Public domain
		Feb. 14, 1972-1978	Published with notice	95 years from publication date
		1978- Mar. 1, 1989	Published without notice and not registered	Public domain
		1978- Mar. 1, 1989	Published with notice	Life of author + 70 years	95 years after publication or 120 years from creation date
		After Mar. 1, 1989	None	Life of author + 70 years	95 years after publication or 120 years from creation date
	No	Before Feb. 15, 1972	None	Covered by state common law until Feb. 15, 2067	Covered by state common law until Feb. 15, 2067
	No	After Feb. 15, 1972	None	Life of author + 70 years. No sound recordings will be in the public domain until Feb. 15, 2067	120 years after creation date. No sound recordings will be in the public domain until Feb. 15, 2067

Attribution and Documentation for Public Domain Chart

Besek, J. (2005). Copyright Issues Relevant to Digital Preservation and Dissemination of Pre-1972 Commercial Sound Recordings. (CLIR Publication no. 135).

Besek, J. (2009). Copyright and Related Issues Relevant to Digital Preservation and Dissemination of Unpublished Pre-1972 Sound Recordings by Libraries and Archives. (CLIR Publication no. 144).

17 U.S.C. § 301-305

Cornell University Libraries. (2022). Copyright Term and the Public Domain in the United States.

Fishman, Stephen. (2010). The Public Domain: How to Find and Use Copyright-Free Writings, Music, Art and More. Berkeley, CA: Nolo.

U.S. Copyright Office. (2003). Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright Protection. (United States Copyright Office Circular no. 15a).

U.S. Copyright Office. (2010). How to Investigate the Copyright Status of a Work. (United States Copyright Office Circular no. 22).

Disclaimer

Disclaimer: This tutorial on using public domain materials, Creative Commons licensed materials, and copyright law is provided for informational purposes only! I am not a lawyer and cannot provide legal advice. None of what you read in this tutorial should be construed as legal advice. Should you require legal advice, please contact an attorney.