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Learning Outcomes:
Understand how works enter the Public Domain.
Understand how to use Creative Commons and Public Domain works.
Consider what you can do with works in the Public Domain.
What is the Public Domain?
Creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws.
The public owns these works, not an individual author or artist.
Anyone can use a public domain work without obtaining permission, but no one can ever own it.
How do Works Enter the Public Domain?
The copyright has expired
The copyright owner failed to follow copyright renewal rules
The copyright owner deliberately places it in the public domain, known as “dedication”
Copyright law does not protect this type of work
Finding and Using Creative Commons and
Public Domain Images
What can you do with a work that is in the Public Domain?
Consider the scope and duration of copyright protection in the particular country where the work is used. Depending on the country, for example, a work in the public domain may still be covered by moral rights that last beyond the duration of copyright.
Also, it is also possible that a work is in the public domain in one country, but is still under copyright in another country.
Therefore, you may not be able to use the work freely where copyright still applies.
Author Credit and the Public Domain
Even though it may not be legally required in every country, especially those countries where moral rights do not exist after the term of copyright expires, there are many benefits to identifying and giving credit to the original creator, even after the work has entered the public domain.
Creative Commons has created public domain guidelines that can be used by communities to create their own norms.
Review the CC guidelines here.
Example of an Image in the Public Domain
Sea Post Clerk John Starr March's Pocket Watch by National Postal Museum Collection, CC0.
Sites that host works in the Public Domain include:
Project Gutenberg, Public Domain Review, Digital Public Library of America, Wikimedia Commons, Internet Archive, Library of Congress, Flickr, & Smithsonian.
Attributions
Content in this module is from or paraphrased from the following sources:
Difference between open license, public domain and copyright by Boyoung Chae is licensed under CC BY 4.0
Finding Creative Commons and Public Domain Images on Flickr by Langara Library is licensed under CC BY 4.0
2.1 Copyright Basics | Creative Commons Certificate for Educators, Academic Librarians and GLAM by Creative Commons Certificate for Educators, Academic Librarians and GLAM by Creative Commons is licensed under CC BY 4.0
3. Anatomy of a CC License | Creative Commons Certificate for Educators, Academic Librarians and GLAM by Creative Commons Certificate for Educators, Academic Librarians and GLAM by Creative Commons is licensed under CC BY 4.0
Additional Resources
Blechner, AJ. (2021). Finding Public Domain & Creative Commons Media. What Do Public Domain & Creative Commons Mean? - Finding Public Domain & Creative Commons Media - Research Guides at Harvard Library.
Columbus State University. Fair Use in the Classroom: Public Domain and Creative Commons.
Yale University Library. Image Resources: Public Domain / Creative Commons.
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