Copyright and Fair Use

What is the Public Domain?

The Public Domain in an umbrella term that encompasses works that, for a number of reasons, are not protected by copyright law. This means that these works belong to the public and can be used without obtaining permission from the original author. 

How do works become public domain?

There are a few common ways a work enters the public domain

• The copyright has expired
• The creator of the work has intentionally dedicated the work to the public domain
• The work does not meet the definition of works protected by copyright

How does a copyright expire?

In order to understand how a copyright expires in the United States, we will need to go over a quick history of copyright law in the U.S.

Statute of Anne, 1710

• Act of British Parliament
• Foundation for future copyright acts in the United States
• Transformed what had been the publishers' private law into a public law grant. 
• Protected only written published works
• Protected the work for 14 years + One 14 year renewal during the creator's life = Max. 28 years of copyright

Copyright Act of 1790

• First copyright act to be initiated in the United States
• Based largely on the Statute of Anne
• Protected the work for 14 years + One 14 year renewal during the creator's life = Max. 28 years of copyright

Copyright Act of 1831

• First revision of U.S. Copyright Law
• Extended the initial term from 14 to 28 years
• Protected the work for 28 years + One 14 year renewal during the creator's life = Max. 42 years of copyright

Copyright Act of 1976 

• Outlined the doctrine of "Fair Use"
• Defined the subject matter of copyright to include what is still protected by copyright today
• Stated that works published before January 1, 1978 would be protected 75 years after the publication date
• Stated that works published after January 1, 1978 would be protected for the authors life +50 years

Copyright Term Extension Act, 1998

• Also known as the Sonny Bono Act or Mickey Mouse Protection Act
  • This was known derisively as the Mickey Mouse Protection Act because the extension was largely pushed by the Disney Corporation in an effort to protect their character, Mickey Mouse. Had the Copyright Term Extension Act not passed in 1998, Mickey Mouse would have entered the public domain in 2003. 
• Froze the advancement date of public domain
• Added 95 years of protection to works published after 1923
• State that works published after 1978 would be protected for the authors life + 70 years

When do copyrights expire in the United States?

Under current copyright law, most works published before 1923 enter the public domain at the start of their 95th calendar year of  publication.

A simple equation to remember 

Ex. 2022 - 94 = 1926

This means works published before January 1, 1926 are in the public domain as of January 1, 2022.

For individual works published after January 1, 1978, copyright expires 70 years after the author has died. 

Ex. If an author published work in 1978 and died in 1998, their work would enter the public domain in 2068.

1998 + 70 = 2068

For anonymous works and works made for hire published after January 1, 1978, copyright expires 95 years after the author has died OR 120 years after the publication, depending on which comes sooner. 

Ex. An entertainment company produces art for an original cartoon in 1988 and the creator who made to work for hire dies in 2008, their work would enter the domain 2103. 

2008 + 95 = 2103

1988 + 120 = 2108

in this case, 2103 is sooner than 2108, so that is when the copyright would expire. 

What does the Public Domain look like in other countries?

There is no such thing as international copyright protection. To understand what may be in the public domain for works created in countries outside of the U.S., you will need to review that country's current copyright laws. 

Most countries outside of the U.S. use an author's life + 50 years or author's life + 70 years copyright protection model. This is of course a generalization and you will need to check a country's specific permissions before using work that was produced there. 

What is not included in the Public Domain?

Works that are easily or "freely" accessible are not always in the public domain.

For example, if you find an image available on the internet, this does not necessarily mean it's in the public domain. In order for that image to be considered public domain, it would need to fall under its country of origin's definition of public domain or the image would need to have Creative Commons license indication that it is intended for public use.

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