Below this box, please take the following tutorial on public domain materials. Your submission will be assessed on creative execution of the work you choose as well as your understanding of the public domain in your artist statement. It is important that you take the following tutorial so you can successfully incorporate your knowledge into your submission.
After you have read the requirements, selected your public domain book, taken the tutorial, and completed your artwork or film, please submit your work to Tammy Ravas via e-mail at tammy.ravas@umontana.edu by 11:59 pm Saturday, March 7th, 2020.
Public Domain works are not protected by copyright law and are, therefore, freely available for everyone to use. Works may not be protected by copyright for a number of reasons:
What this means for your academic projects is that you can use as much of the work as you would like to support your instruction, research, publication, creative work, etc. without needing permission from the original copyright owner. Here are some examples of what you can do with public domain works:
Determining whether or not a work is in the public domain by using copyright term duration (by date) can be complicated. The charts you'll see below provide basic information on the length of copyright term for different kinds of works.
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.
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 1930 | None | Public domain | Public domain |
1930-1963 | Published with notice and not renewed | Public domain | Public domain | ||
1930-1963 | Published with notice and renewed | 95 years after date of publication | 95 years after date of publication | ||
1930-1977 | 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 | |
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 |
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).
Q: I found this (image, song, text) I'd like to use on the Internet. It's freely available there, does it mean it's in the public domain?
A: No. Just because a work is freely available to view, read, or listen to on the web does NOT mean it is in the public domain. You need to verify the copyright status of the work on the Internet. If it is under copyright, consider whether or not your use would be a fair use or covered by Section 110 (1) or the TEACH act; if you cannot claim those exceptions, you will need to seek permission of the copyright owner.
Q: What other kinds of laws or restrictions might there be on my use of a public domain work?
A: Good question! Yes, there are other laws or restrictions that you need to keep in mind before using a public domain work.
Q: Why might I need to pay in order to access certain public domain materials?
A: Although the content of a public domain work may be free to reproduce, distribute, display, or perform, the physical material is still owned by someone (art museums, individual collectors, libraries, private institutions or individuals).
Q: Are works created in foreign countries subject to the same copyright durations as those in the U.S.? What works created outside of the U.S. are in the public domain?
A: Because the U.S. is a signatory to the Berne Convention treaty, in general, the work in question is treated as if it were created in the United States. International treaties that the U.S. has signed with other countries have a bearing on the duration of copyright for works created in foreign countries. For further information on international copyright issues, please see the U.S. Copyright Office's International Copyright Relations of the United States, Circular 38.
Q: Are there any sound recordings in the public domain?
A: Not at this time. The earliest year that sound recordings will enter the public domain will be in 2022. Please see the tab, "Is it a Public Domain Work?" for further information.
Q: Are state government documents in the public domain?
A: This will depend on the laws of the state and/or the respective state government entity which created the document you'd like to use. You must double check these state laws to be sure. In Montana, it's best to contact the government entity that created the document to learn more about its usage rights.
Test your knowledge of the above by answering the following true or false questions.
To answer a question, please click on either the linked text for "True" or the linked text for "False." There is no need to click on the "submit" button.
If you're correct, you'll be directed to a clip art page with a "thumbs-up" emoji. If you are incorrect, you'll be directed to the appropriate part of the tutorial where you'll find the correct answer.
After you have read the requirements, selected your public domain book, taken the tutorial, and completed your artwork or film, please submit your work to Tammy Ravas via e-mail at tammy.ravas@umontana.edu by 11:59 pm Friday, February 7th, 2020.
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