Public Domain: Is It a Public Domain Work?

Works that are literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, or audiovisual in nature, as well as motion pictures

Was it published? If the answer is that yes, it was published:

• Date of creation or publication before 1927
  • Qualifications for copyright duration: None.
    • Duration of copyright works made for hire: These works are in the public domain.
    • Duration of copyright: These works are in the public domain.
       
• Date of creation or publication: 1927-63
  • Qualifications for copyright duration: Published with notice and not renewed.
    • Duration of copyright: These works are in the public domain.
    • Duration of copyright works made for hire: These works are in the public domain.
       
• Date of creation or publication: 1927-63
  • Qualifications for copyright duration: Published with notice and renewed.
    • Duration of copyright: 95 years after date of publication.
    • Duration of copyright works made for hire: 95 years after date of publication.
       
• Date of creation or publication: 1927-77
  • Qualifications for copyright duration: Published without notice.
    • Duration of copyright: These works are in the public domain.
    • Duration of copyright works made for hire: These works are in the public domain.
       
• Date of creation or publication: 1964-77
  • Qualifications for copyright duration: Published with notice.
    • Duration of copyright: 95 years after date of publication.
    • Duration of copyright works made for hire: 95 years after date of publication.
       
• Date of creation or publication: 1978-present
  • Qualifications for copyright duration: Work must be fixed in any tangible medium of expression..
    • Duration of copyright: Author's life plus 70 years.
    • Duration of copyright works made for hire: Lesser of publication date plus 95 years or creation date plus 120 years.
       

Was it published? If the answer is that no, it was not published:

• Date of creation or publication before 1978
  • Qualifications for copyright duration: You know the authors' name(s) and you know whether or not they are still living.
    • Duration of copyright: The greater duration of the author's life plus 70 years, or December 31, 2002.
    • Duration of copyright works made for hire: The greater duration of the author's life plus 70 years, or December 31, 2002.
       

• Date of creation or publication: 1978-present
  • Qualifications for copyright duration: You know the authors' name(s) and you know whether or not they are still living.
    • Duration of copyright: Author's life plus 70 years.
    • Duration of copyright works made for hire: Author's life plus 70 years.
       
• Date of creation or publication: Any
  • Qualifications for copyright duration: Anonymous, pseudonymous, death date of author is unknown
    • Duration of copyright: 120 years after the date of creation.
    • Duration of copyright works made for hire: 120 years after the date of creation.

Sound recordings

Was it published? If the answer is that yes, it was published:

• Date of creation or publication before February 15, 1972
  • Qualifications for copyright duration: None.
    • Duration of copyright works made for hire: Covered under state common law until 2067.
    • Duration of copyright for anonymous and pseudonymous works and works made for hire: Covered under state common law until 2067.
       
• Date of creation or publication: February 15, 1972-1978
  • Qualifications for copyright duration: Published with notice.
    • Duration of copyright: 95 years after date of publication.
    • Duration of copyright for anonymous and pseudonymous works and works made for hire: 95 years after date of publication.
       
• Date of creation or publication: 1978-March 1, 1989
  • Qualifications for copyright duration: Published with notice.
    • Duration of copyright: Author's life plus 70 years.
    • Duration of copyright for anonymous and pseudonymous works and works made for hire: Lesser of publication date plus 95 years or creation date plus 120 years.
       
• Date of creation or publication: March 1, 1989-present
  • Qualifications for copyright duration: None
    • Duration of copyright: Author's life plus 70 years.
    • Duration of copyright for anonymous and pseudonymous works and works made for hire: Lesser of publication date plus 95 years or creation date plus 120 years.
       

Was it published? If the answer is that no, it was not published:

• Date of creation or publication before February 15, 1972
  • Qualifications for copyright duration: None
    • Duration of copyright works made for hire: Covered under state common law until 2067.
    • Duration of copyright for anonymous and pseudonymous works and works made for hire: Covered under state common law until 2067.
       

• Date of creation or publication: February 15, 1972-present
  • Qualifications for copyright duration: None
    • Duration of copyright: Author's life plus 70 years.
    • Duration of copyright for anonymous and pseudonymous works and works made for hire: Creation date plus 120 years.​

• Besek, J. (2005).  Copyright Issues Relevant to Digital Preservation and Dissemination of Pre-1972 Commercial Sound Recordings. (CLIR Publication no. 135). Retrieved from http://www.clir.org/pubs/reports/pub135/pub135.pdf
• Besek, J. (2009). Copyright and Related Issues Relevant to Digital Preservation and Disemmination of Unpublished Pre-1972 Sound Recordings by Libraries and Archives. (CLIR Publication no. 144). Retrieved from http://www.clir.org/pubs/reports/pub144/pub144.pdf
• Copyrights, 17 U.S.C. Chapter 3. 
• Fishman, Stephen. (2010). The Public Domain: How to Find and Use Copyright-Free Writings, Music, Art and More. Berkeley, CA: Nolo.
• Gasaway, L. (2003). When Works Pass into the Public Domain. Retrieved from http://www.unc.edu/~unclng/public-d.htm
• Hirtle, P. (2010). Copyright Term and the Public Domain in the United States. Retrieved from http://copyright.cornell.edu/resources/publicdomain.cfm
• 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). Retrieved from http://www.copyright.gov/circs/circ15a.pdf
• U.S. Copyright Office. (2010). How to Investigate the Copyright Status of a Work. (United States Copyright Office Circular no. 22). Retrieved from http://www.copyright.gov/circs/circ22.pdf