Public Domain

A public domain work is a creative work that is not protected by copyright. Works may be in the public domain because the work was never copyrighted, the term of copyright has expired, the copyright holder failed to properly renew copyright, the copyright holder deliberately placed the item in the public domain, or the work was created by a U.S. Government employee or office. No permission is required for the use of any work in the public domain. However, works which appear to be in the public domain may be subject to foreign copyright laws, privacy or publicity restrictions, and third party rights.

For specific guidelines on determining whether an item is in the public domain, see Peter Hirtle's chart: "Copyright Term and the Public Domain in the United States.”

The society makes an effort whenever possible to assess copyright restrictions. Works which are labeled as having no known copyright restrictions in the society’s digital repository, Pearl, are likely to be in the public domain. This has been determined to the best of our ability based on available information and is not intended to be a guarantee of public domain status or as a guarantee that there are not other intellectual property restrictions attached to the work.

Browse all works on Pearl with no known copyright restrictions.

Orphan Works

A work is considered an orphan work when it is still protected by copyright but its author or other rights-holder(s) are unknown or cannot be located to request permission. The U.S. Copyright Office is reviewing the problem of orphan works. Currently, anyone using an orphan work runs the risk that the copyright holder may step forward and bring an infringement action forward.

Fair Use

In order to balance the creators’ rights with those of the public, U.S. copyright law sets certain limitations on creators’ exclusive rights, including the “fair use” exception (17 U.S. Code § 107). Fair use is generally determined by considering four factors:

1. The Purpose and Character of the Use

a. Is the copyrighted work being used for research, teaching, reporting, criticism, or parody?

b. Is the use transformative?

2. The Nature of the Copyrighted Work

a. Is the copyrighted work published or unpublished?

b. Is it factual or fictional?

3. The Amount or Substantiality of the Portion Used

a. Is a small portion of the copyrighted work being used?

b. Is the portion being used NOT central to the entire work?

4. The Effect of the Use on the Potential Market for or Value of the Work

a. How many copies are being made of the copyrighted work?

b. Is a reproduction of the copyrighted work being distributed in any format?

c. What is the effect on the creator’s ability to sell the copyrighted work or similar works?

Use of copyrighted material that exceeds fair use constitutes an infringement of the creator’s copyright. Infringers may incur civil or criminal penalties.

Columbia University Library provides a Fair Use Checklist to help the public determine whether their activities are within the limits of fair use: https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html

For more detailed information on these issues, see Stanford University’s Copyright and Fair Use site: http://fairuse.stanford.edu/

Other Intellectual Property Rights

Copyright is the most well-known form of intellectual property, but there are other types of intellectual property rights that should be considered before publishing or disseminating works:

1. Trademark
2. Patents
3. Trade secrets
4. Industrial design rights

Additionally, tort law governs the distribution of personally identifying information that may harm individuals or organizations:

1. The right of publicity
2. The right of privacy
3. Defamation (which includes libel and slander)

While the Internet is international, copyright law is not, and laws vary by country. It is important to note that foreign-made works that are technically in the public domain in the United States may be copyrighted in another country.

The responsibility for ascertaining whether any additional intellectual property rights exist, and for obtaining all necessary permissions, remains with the user.

Determining Copyright Status

The following tools may help researchers determine copyright status:

U.S. Copyright Office Database: The U.S. Copyright Office maintains a database of copyright information on works registered or renewed with the Copyright Office from January 1, 1978 to the present. Please note that copyright registration is not a prerequisite for copyright ownership. If you are unable to find a record of copyright registration it does not necessarily mean a work is in the public domain.

Catalog of Copyright Entries (CCEs): A virtual set of volumes provided by the U.S. Copyright Office provides for works copyrighted or renewed between 1870 and 1977.

The WATCH File: “Writers, Artists, and their Copyright Holders”: Database tracking copyright information for prominent individuals with an emphasis on American and European authors and artists. Includes contact information for current copyright holders or representatives. Maintained by Harry Ransom Center of the University of Texas at Austin and the University of Reading Library.

FOB (Firms Out of Business) file: Search for defunct publishing firms.

Peter Hirtle, "Copyright Term and the Public Domain in the United States.”: Determine whether a work is likely to be in the public domain.