What is the public domain?
The term “public domain” refers to 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. You must still properly cite items in the public domain.
Note that items in the public domain should not be confused with items that can be used through the four factors of fair use or via a Creative Commons license that allows use at no cost but requires attribution.
Some common ways that an item may be in 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,” or
- copyright law does not protect this type of work (facts, local laws, or works of the U.S. Government are examples of items that are not protected by copyright and are automatically in the public domain)
Tools to help you determine if the item you wish to use is in the public domain:
- Copyright Digital Slider (easy-to-use-tool). Click on the resulting "Yes," "No," or "Maybe" in the upper right corner for more details.
- Copyright Term and the Public Domain in the United States (comprehensive tool) provided by Cornell University Library.
If an item is in the public domain, how may I use it?
You may use the item without obtaining permission. It is always best practice to link to legal content online from Canvas or your syllabus and to cite items in the public domain.
If you have questions about the public domain, please contact your liaison librarian.