1. What Public Domain Means

Basic Definition

A work is in the public domain when it is not protected by copyright in the relevant jurisdiction. In the United States, that may happen because the copyright term expired, copyright protection was never available, copyright was lost under older legal formalities, the work is a qualifying U.S. federal government work, or the rights holder dedicated the work to the public through a tool such as CC0. The U.S. Copyright Office explains that public-domain works include works whose copyright has expired and works that were never protected by copyright, including facts and discoveries.
Source: U.S. Copyright Office, What Is Copyright? — https://www.copyright.gov/what-is-copyright/

Current U.S. Cutoff for Older Published Works

As of 2026, the U.S. Copyright Office states that all works published in the United States before January 1, 1931, are in the public domain because copyright protection has expired. This is one of the most important date-based rules for authors and publishers working with older U.S. books, periodicals, illustrations, and other published materials.
Source: U.S. Copyright Office, What Is Copyright? — https://www.copyright.gov/what-is-copyright/
Source: U.S. Copyright Office, Circular 15A: Duration of Copyright — https://www.copyright.gov/circs/circ15a.pdf

Public Domain Is Not the Same as “Online”

A work being available online does not prove that it is public domain. Internet Archive states that users are responsible for determining whether their use of archived material is lawful and that its terms require compliance with applicable laws, including intellectual-property laws.
Source: Internet Archive, Terms of Use — https://archive.org/about/terms.php
Source: Internet Archive, Rights / Copyright Policy — https://help.archive.org/help/rights/

Public Domain Is Not the Same as “No Known Restrictions”

“No known restrictions” is not always the same as guaranteed public domain. The Library of Congress explains that rights and restrictions information must be reviewed for specific items, and that users are responsible for making their own rights determinations when using collection materials.

Source: Library of Congress, Understanding Copyright and Rights Information — https://www.loc.gov/legal/security-copyright-and-privacy/understanding-copyright/

2. Constitutional and Statutory Foundation

U.S. Constitution

The U.S. Constitution gives Congress power to promote the progress of science and useful arts by securing exclusive rights to authors and inventors “for limited Times.” That “limited Times” language is the constitutional foundation for copyright protection eventually expiring and works entering the public domain.
Source: Constitution Annotated, Article I, Section 8, Clause 8 — Copyrights and Patents — https://constitution.congress.gov/browse/article-1/section-8/clause-8/

Title 17 of the United States Code

U.S. copyright law is contained in Title 17 of the United States Code. The U.S. Copyright Office publishes the text of Title 17 and explains that the Copyright Act of 1976 remains the basic framework of modern U.S. copyright law, with later amendments.
Source: U.S. Copyright Office, Title 17 — https://www.copyright.gov/title17/

Copyright Protects Original Expression, Not Everything

Copyright protects original works of authorship fixed in a tangible medium, but it does not protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. This limitation appears in 17 U.S.C. §102(b).
Source: 17 U.S.C. §102 — https://www.law.cornell.edu/uscode/text/17/102

Publication Matters

Under 17 U.S.C. §101, “publication” generally means distributing copies or phonorecords of a work to the public by sale, transfer of ownership, rental, lease, or lending; public performance or public display alone does not necessarily constitute publication. Publication date matters because many older copyright-duration rules depend on whether and when a work was published.
Source: 17 U.S.C. §101 — https://www.law.cornell.edu/uscode/text/17/101

3. Copyright Law History That Shaped Public Domain

1790 Copyright Act

The Copyright Act of 1790 provided an initial copyright term of 14 years with a possible 14-year renewal term. This early limited-term structure reflects the constitutional principle that copyright protection is not permanent.
Source: U.S. Copyright Office, Copyright Timeline: A History of Copyright in the United States — https://www.copyright.gov/timeline/

1831 Copyright Act

The 1831 Copyright Act extended the initial copyright term to 28 years with a 14-year renewal term. That extension changed the timing of when protected works could eventually enter the public domain.
Source: U.S. Copyright Office, Copyright Timeline — https://www.copyright.gov/timeline/

1909 Copyright Act

The 1909 Copyright Act provided an initial 28-year term and a 28-year renewal term. Under that older system, failure to renew when required could cause a work to enter the public domain after the first term.
Source: U.S. Copyright Office, Circular 15A: Duration of Copyright — https://www.copyright.gov/circs/circ15a.pdf
Source: U.S. Copyright Office, Copyright Timeline — https://www.copyright.gov/timeline/

1976 Copyright Act

The Copyright Act of 1976 was the first major revision of U.S. copyright law since 1909 and became effective on January 1, 1978. It moved U.S. copyright law toward automatic protection upon fixation and changed many duration rules.
Source: U.S. Copyright Office, Copyright Timeline — https://www.copyright.gov/timeline/
Source: U.S. Copyright Office, Title 17 — https://www.copyright.gov/title17/

1992 Copyright Renewal Act

The Copyright Renewal Act of 1992 made renewal registration optional for works copyrighted between January 1, 1964, and December 31, 1977, which means many works in that period received automatic renewal protection.
Source: U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work — https://www.copyright.gov/circs/circ22.pdf

1998 Sonny Bono Copyright Term Extension Act

The Sonny Bono Copyright Term Extension Act extended copyright terms by 20 years. The Supreme Court upheld that extension in Eldred v. Ashcroft, holding that Congress acted within its constitutional authority.
Source: Eldred v. Ashcroft, 537 U.S. 186 (2003) — https://supreme.justia.com/cases/federal/us/537/186/
Source: U.S. Copyright Office, Copyright Timeline — https://www.copyright.gov/timeline/

4. Public Domain Versus Fair Use

Public Domain

Public domain asks whether copyright protection exists at all. If a work is truly public domain in the United States, U.S. copyright law generally does not restrict copying, distribution, adaptation, performance, or display of that work as a copyright matter. The U.S. Copyright Office states that U.S. works published before January 1, 1931, are public domain as of 2026 because the copyright term has expired.
Source: U.S. Copyright Office, What Is Copyright? — https://www.copyright.gov/what-is-copyright/
Source: U.S. Copyright Office, Circular 15A — https://www.copyright.gov/circs/circ15a.pdf

Fair Use

Fair use is different. Fair use applies to certain limited uses of copyrighted works and is codified in 17 U.S.C. §107. Section 107 identifies four factors: purpose and character of the use, nature of the copyrighted work, amount and substantiality used, and effect of the use upon the potential market.
Source: 17 U.S.C. §107 — https://www.law.cornell.edu/uscode/text/17/107
Source: U.S. Copyright Office, Fair Use Index — https://www.copyright.gov/fair-use/

Why the Difference Matters

A public-domain determination concerns the status of the work. A fair-use analysis concerns a specific use of a copyrighted work. The Supreme Court’s Campbell v. Acuff-Rose Music decision is a leading fair-use case, while cases such as Eldred, Golan, and Klinger deal more directly with copyright term, restored copyrights, and public-domain material.
Source: Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994) — https://supreme.justia.com/cases/federal/us/510/569/
Source: Eldred v. Ashcroft — https://supreme.justia.com/cases/federal/us/537/186/
Source: Golan v. Holder — https://supreme.justia.com/cases/federal/us/565/302/
Source: Klinger v. Conan Doyle Estate — https://law.justia.com/cases/federal/appellate-courts/ca7/14-1128/14-1128-2014-06-16.html

5. What Copyright Does Not Protect

Facts, Discoveries, and Historical Events

Facts are not copyrightable. In Feist Publications, Inc. v. Rural Telephone Service Co., the Supreme Court held that facts are not original to an author and that a factual compilation is copyrightable only if the facts are selected, coordinated, or arranged in an original way.
Source: Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991) — https://supreme.justia.com/cases/federal/us/499/340/

Historical events are facts. Copyright may protect an author’s original narrative, wording, structure, commentary, or creative presentation of history, but it does not protect the underlying historical event itself. This follows from 17 U.S.C. §102(b) and Feist.
Source: 17 U.S.C. §102 — https://www.law.cornell.edu/uscode/text/17/102
Source: Feist — https://supreme.justia.com/cases/federal/us/499/340/

Ideas, Systems, Methods, and Processes

Copyright does not protect ideas, systems, procedures, processes, methods of operation, concepts, principles, or discoveries. The Supreme Court’s decision in Baker v. Selden held that copyright in a book explaining a bookkeeping system did not give the author exclusive rights over the bookkeeping system itself.
Source: 17 U.S.C. §102(b) — https://www.law.cornell.edu/uscode/text/17/102
Source: Baker v. Selden, 101 U.S. 99 (1879) — https://supreme.justia.com/cases/federal/us/101/99/

Names, Titles, Slogans, and Short Phrases

The U.S. Copyright Office states that copyright does not protect names, titles, slogans, or short phrases. Some names, titles, slogans, and brand identifiers may involve trademark law, which is separate from copyright.
Source: U.S. Copyright Office, Circular 33: Works Not Protected by Copyright — https://www.copyright.gov/circs/circ33.pdf
Source: USPTO, Trademark, Patent, or Copyright — https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

Government Edicts

The government-edicts doctrine recognizes that certain official legal materials cannot be copyrighted. In Georgia v. Public.Resource.Org, the Supreme Court held that annotations in Georgia’s official code were not copyrightable because they were authored by an arm of the legislature in the course of legislative duties.
Source: Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020) — https://supreme.justia.com/cases/federal/us/590/18-1150/
Source: Supreme Court opinion PDF — https://www.supremecourt.gov/opinions/19pdf/18-1150_7m58.pdf

6. Copyright Duration and Public Domain Rules

Works Published in the United States Before January 1, 1931

As of 2026, the U.S. Copyright Office states that all works published in the United States before January 1, 1931, are in the public domain. This is the clearest broad date rule for older U.S. published works.
Source: U.S. Copyright Office, What Is Copyright? — https://www.copyright.gov/what-is-copyright/
Source: U.S. Copyright Office, Circular 15A — https://www.copyright.gov/circs/circ15a.pdf

End-of-Year Rule

Copyright terms under 17 U.S.C. §§302–304 run through the end of the calendar year in which they would otherwise expire. This is why many works enter the public domain on January 1 of the following year.
Source: 17 U.S.C. §305 — https://www.law.cornell.edu/uscode/text/17/305

Works Created on or After January 1, 1978

For works created on or after January 1, 1978, 17 U.S.C. §302 generally provides copyright duration of life of the author plus 70 years for individual authors. For anonymous works, pseudonymous works, and works made for hire, §302 provides a term of 95 years from publication or 120 years from creation, whichever expires first.
Source: 17 U.S.C. §302 — https://www.law.cornell.edu/uscode/text/17/302
Source: U.S. Copyright Office, FAQ: How Long Does Copyright Protection Last? — https://www.copyright.gov/help/faq/faq-duration.html

Unpublished Works Created Before 1978

Unpublished works created before January 1, 1978, are governed by special transition rules in 17 U.S.C. §303. Section 303 provides that such works generally received federal copyright protection beginning January 1, 1978, and that certain works could not expire before December 31, 2002, or before December 31, 2047 if published on or before December 31, 2002.
Source: 17 U.S.C. §303 — https://www.law.cornell.edu/uscode/text/17/303

Pre-1978 Published Works and Renewal

For works first copyrighted before 1978, 17 U.S.C. §304 governs many subsisting copyrights and renewal-term issues. Section 304 reflects the older 28-year first-term structure and later amendments that extended renewal terms.
Source: 17 U.S.C. §304 — https://www.law.cornell.edu/uscode/text/17/304

Cornell Copyright Term Chart

Cornell University Library maintains a widely used copyright-term and public-domain chart for the United States. The chart explains that determining public-domain status can be complicated and depends on publication date, notice, renewal, authorship, and other factors.
Source: Cornell University Library, Copyright Term and the Public Domain in the United States — https://guides.library.cornell.edu/copyright/publicdomain

7. Derivative Works, Compilations, Modern Editions, and Added Material

Derivative Works and Compilations

17 U.S.C. §103 states that copyright can protect compilations and derivative works, but protection in a work using preexisting material does not extend to the preexisting material itself. The Copyright Office’s Circular 14 explains that copyright in a derivative work or compilation does not extend to public-domain material and does not lengthen the copyright term of the underlying work.
Source: 17 U.S.C. §103 — https://www.law.cornell.edu/uscode/text/17/103
Source: U.S. Copyright Office, Circular 14: Copyright in Derivative Works and Compilations — https://www.copyright.gov/circs/circ14.pdf

Modern Editions of Public-Domain Works

A public-domain work can appear inside a modern copyrighted edition. Copyright may protect new material such as introductions, annotations, footnotes, commentary, study questions, illustrations, maps, cover design, layout, editorial selection, or original arrangement, while the underlying public-domain text remains public domain.
Source: 17 U.S.C. §103 — https://www.law.cornell.edu/uscode/text/17/103
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf

Exact Reproductions and Originality Issues

In Bridgeman Art Library v. Corel, a federal district court held that exact photographic reproductions of public-domain paintings lacked sufficient originality for copyright protection. This case is frequently cited in public-domain image discussions, but it is a federal district court case, not a Supreme Court decision.
Source: Bridgeman Art Library, Ltd. v. Corel Corp., 36 F. Supp. 2d 191 — https://law.justia.com/cases/federal/district-courts/FSupp2/36/191/2413183/

Digital Replication and Originality

In Meshwerks v. Toyota, the Tenth Circuit addressed whether digital wire-frame models of Toyota vehicles were sufficiently original for copyright protection. The case is often discussed for faithful digital reproductions and originality.
Source: Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 528 F.3d 1258 — https://caselaw.findlaw.com/court/us-10th-circuit/1291978.html

8. Public-Domain Characters and Later-Protected Elements

Public-Domain Characters Can Be Complicated

A fictional character may appear in both public-domain works and later copyrighted works. The copyright status of early stories does not automatically free later-added traits, scenes, dialogue, character developments, relationships, or backstory added in still-protected works. In Klinger v. Conan Doyle Estate, the Seventh Circuit held that public-domain Sherlock Holmes material could be used, but original material from still-protected stories could not be used.
Source: Klinger v. Conan Doyle Estate, Ltd., 755 F.3d 496 — https://law.justia.com/cases/federal/appellate-courts/ca7/14-1128/14-1128-2014-06-16.html

Trademark Can Still Appear

A character, title, series name, or brand may raise trademark issues even if some copyright material is public domain. The USPTO explains that trademarks, patents, and copyrights are different forms of intellectual property.
Source: USPTO, Trademark, Patent, or Copyright — https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

Dastar and the Trademark/Copyright Boundary

In Dastar Corp. v. Twentieth Century Fox, the Supreme Court limited the use of trademark law as a substitute for expired copyright protection. The Court rejected using the Lanham Act to control copying of uncopyrighted material in a way that would effectively recreate copyright-like control.
Source: Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003) — https://supreme.justia.com/cases/federal/us/539/23/

9. U.S. Federal Government Works

General Rule

17 U.S.C. §105 states that copyright protection is not available for any work of the United States Government, although the federal government may receive and hold copyrights transferred to it by assignment, bequest, or otherwise.
Source: 17 U.S.C. §105 — https://www.law.cornell.edu/uscode/text/17/105

Government Websites May Include Non-Government Material

Federal government websites may include third-party materials, contractor-created content, trademarks, agency logos, official seals, licensed photographs, or other materials not necessarily covered by the federal-government-work rule. NASA states that NASA content is generally not subject to copyright in the United States, but its guidelines also address endorsement, identifiers, and third-party content.
Source: NASA, Images and Media Usage Guidelines — https://www.nasa.gov/nasa-brand-center/images-and-media/
Source: 17 U.S.C. §105 — https://www.law.cornell.edu/uscode/text/17/105

USGS, NASA, NOAA, and National Archives Examples

USGS states that USGS-authored or USGS-produced data and information are considered U.S. public domain, but also notes that not all images, illustrations, photographs, or graphics appearing on USGS websites are necessarily USGS-created.
Source: USGS, Copyrights and Credits — https://www.usgs.gov/information-policies-and-instructions/copyrights-and-credits

NASA states that NASA content is generally not subject to copyright in the United States, but its guidelines include limits involving endorsement, identifiers, and third-party content.
Source: NASA, Images and Media Usage Guidelines — https://www.nasa.gov/nasa-brand-center/images-and-media/

NOAA states that images in the NOAA Photo Library are in the public domain unless otherwise noted.
Source: NOAA, Photo Library — https://www.noaa.gov/noaa-collections/photo-library

10. Foreign Works and Restored Copyrights

Foreign Works Require Separate Analysis

Public-domain status can differ between countries. Project Gutenberg states that its collection is focused on U.S. copyright status and that users outside the United States must check the copyright laws of their own countries.
Source: Project Gutenberg, License Information — https://www.gutenberg.org/policy/license.html
Source: Project Gutenberg, Permission Information — https://www.gutenberg.org/policy/permission.html

URAA Restored Copyrights

The Uruguay Round Agreements Act, known as the URAA, restored U.S. copyright protection to certain foreign works that had entered the U.S. public domain for reasons such as failure to comply with U.S. formalities. The Copyright Office’s Circular 38B explains copyright restoration under the URAA.
Source: U.S. Copyright Office, Circular 38B: Copyright Restoration Under the URAA — https://www.copyright.gov/circs/circ38b.pdf

Golan v. Holder

In Golan v. Holder, the Supreme Court upheld the restoration of copyright protection for certain foreign works that had been in the U.S. public domain. This case is important for older foreign works, translations, films, music, and art.
Source: Golan v. Holder, 565 U.S. 302 (2012) — https://supreme.justia.com/cases/federal/us/565/302/

11. Sound Recordings, Songs, Hymns, Lyrics, and Music

Musical Composition and Sound Recording Are Separate

The U.S. Copyright Office explains that a musical composition and a sound recording are two separate works for copyright purposes. A sound recording copyright is not the same as copyright in the underlying music, lyrics, words, or other content embodied in that recording.
Source: U.S. Copyright Office, Circular 56A: Copyright Registration for Musical Compositions — https://www.copyright.gov/circs/circ56a.pdf
Source: U.S. Copyright Office, Circular 56: Copyright Registration for Sound Recordings — https://www.copyright.gov/circs/circ56.pdf

Public-Domain Song Does Not Mean Public-Domain Recording

A hymn, poem, lyric, or musical composition may be public domain while a modern recording, arrangement, performance, album art, video, or edition remains protected. The Copyright Office explains that a sound recording and the underlying musical composition are legally separate works.
Source: U.S. Copyright Office, Circular 56 — https://www.copyright.gov/circs/circ56.pdf
Source: U.S. Copyright Office, Circular 56A — https://www.copyright.gov/circs/circ56a.pdf

Pre-1972 Sound Recordings

The Music Modernization Act brought pre-1972 sound recordings partly into the federal copyright system. The Copyright Office explains that Title II of the Music Modernization Act provides federal remedies for unauthorized uses of sound recordings fixed before February 15, 1972.
Source: U.S. Copyright Office, Music Modernization Act — https://www.copyright.gov/music-modernization/

Sound Recording Public-Domain Timeline

The Library of Congress explains that sound recordings published before 1923 entered the U.S. public domain on January 1, 2022, while later recordings enter the public domain on different timelines depending on publication year.
Source: Library of Congress, Citizen DJ Public Domain 2022 — https://citizen-dj.labs.loc.gov/public-domain-2022/

12. Bible Translations and Religious Texts

Ancient Texts and Modern Translations

Ancient biblical events, historical settings, doctrines, names, and general facts are not copyrighted as facts or ideas, but modern Bible translations, study notes, maps, commentary, formatting, introductions, and publisher-added material may be copyrighted. Copyright does not protect facts or ideas under 17 U.S.C. §102(b), and modern translations may contain original expression.
Source: 17 U.S.C. §102 — https://www.law.cornell.edu/uscode/text/17/102
Source: U.S. Copyright Office, Circular 14: Derivative Works and Compilations — https://www.copyright.gov/circs/circ14.pdf

King James Version

BibleGateway states that the King James Version is public domain in the United States. Modern KJV study Bible notes, maps, charts, commentary, introductions, publisher-created formatting, and other additions can involve separate copyright issues. ***MUST ADD UK INFO++++
Source: BibleGateway, King James Version Information — https://www.biblegateway.com/versions/King-James-Version-KJV-Bible/

World English Bible

The World English Bible states that it is a public-domain modern English translation and may be freely copied in electronic and print formats. eBible also states that “World English Bible” is a trademark even though the text is public domain.
Source: World English Bible — https://worldenglish.bible/
Source: eBible Copyright / Trademark Information — https://ebible.org/copyright.htm

Modern Bible Translation Permission Pages

Modern Bible translations often have publisher permission guidelines. HarperCollins Christian Publishing provides permission rules for Thomas Nelson and Zondervan Bible translations, and American Bible Society provides rights and permissions information for translations it manages.
Source: HarperCollins Christian Publishing, Permissions — https://www.harpercollinschristian.com/sales-and-rights/permissions/
Source: American Bible Society, Rights and Permissions — https://www.americanbible.org/about/legal/permissions/

13. AI, Human Authorship, and Public-Domain Confusion

Human Authorship Requirement

The U.S. Copyright Office’s Compendium states that the Office will register an original work of authorship only if the work was created by a human being. The Copyright Office’s AI registration guidance explains how the Office applies the human-authorship requirement to works containing AI-generated material.
Source: U.S. Copyright Office, Compendium, Chapter 300: Copyrightable Authorship — https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf
Source: U.S. Copyright Office, Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence — https://www.copyright.gov/ai/ai_policy_guidance.pdf

AI-Generated Material Is Not Automatically “Public Domain” in the Traditional Sense

The Copyright Office’s AI initiative addresses copyrightability of AI-generated works and explains that copyright protection depends on human authorship. AI-generated material may be uncopyrightable for lack of human authorship, but that is not the same analysis as a traditional public-domain determination for an older human-authored work.
Source: U.S. Copyright Office, Artificial Intelligence Study — https://www.copyright.gov/ai/

Thaler v. Perlmutter

In Thaler v. Perlmutter, the D.C. Circuit affirmed denial of copyright registration for a work identified as authored by an AI system, holding that the Copyright Act requires human authorship.
Source: Thaler v. Perlmutter, D.C. Circuit Opinion PDF — https://media.cadc.uscourts.gov/opinions/docs/2025/03/23-5233.pdf

14. Orphan Works

Definition and Status

An orphan work is generally understood as a copyrighted work whose owner cannot be identified or located. The U.S. Copyright Office has studied orphan works and explains that uncertainty surrounding ownership creates problems for users and rights holders.
Source: U.S. Copyright Office, Orphan Works — https://www.copyright.gov/orphan/

Orphan Does Not Mean Public Domain

A missing author, unavailable publisher, dissolved company, dead author, unknown estate, or out-of-print status does not automatically make a work public domain. The Copyright Office’s Circular 22 explains that copyright-status investigation may require searching records, registrations, renewals, notices, and ownership information, and that searches may not always be conclusive.
Source: U.S. Copyright Office, Circular 22 — https://www.copyright.gov/circs/circ22.pdf

15. Major Public-Domain and Copyright Cases

Wheaton v. Peters, 33 U.S. 591 (1834)

Wheaton v. Peters is a foundational U.S. copyright case. The Supreme Court rejected perpetual common-law copyright in published works and treated copyright as a statutory right governed by Congress.
Source: Wheaton v. Peters, 33 U.S. 591 — https://supreme.justia.com/cases/federal/us/33/591/

Baker v. Selden, 101 U.S. 99 (1879)

Baker v. Selden held that copyright in a treatise explaining a bookkeeping system did not give the author exclusive rights over the bookkeeping system itself. This case remains central to the distinction between copyrightable expression and uncopyrightable systems or methods.
Source: Baker v. Selden, 101 U.S. 99 — https://supreme.justia.com/cases/federal/us/101/99/

Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884)

Burrow-Giles held that photographs may be copyrightable where they contain original authorship. This case matters for authors using historical photographs because a photograph may involve copyright depending on originality, date, publication, and ownership.
Source: Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 — https://supreme.justia.com/cases/federal/us/111/53/

Banks v. Manchester, 128 U.S. 244 (1888)

Banks v. Manchester is part of the government-edicts doctrine and held that judges cannot claim copyright in judicial work created in their official capacity.
Source: Banks v. Manchester, 128 U.S. 244 — https://supreme.justia.com/cases/federal/us/128/244/

Callaghan v. Myers, 128 U.S. 617 (1888)

Callaghan v. Myers distinguished uncopyrightable judicial opinions from potentially copyrightable editorial additions, such as headnotes, annotations, arrangements, or other original reporter-created material.
Source: Callaghan v. Myers, 128 U.S. 617 — https://supreme.justia.com/cases/federal/us/128/617/

Bleistein v. Donaldson Lithographing Co., 188 U.S. 239 (1903)

Bleistein held that commercial advertisements and posters may be protected by copyright if they contain original authorship. This case matters because commercial or promotional material is not automatically outside copyright protection.
Source: Bleistein v. Donaldson Lithographing Co., 188 U.S. 239 — https://supreme.justia.com/cases/federal/us/188/239/

Mazer v. Stein, 347 U.S. 201 (1954)

Mazer v. Stein held that artistic works used in commercial or useful objects may still be copyrightable. This case is relevant to artwork, design, and useful articles.
Source: Mazer v. Stein, 347 U.S. 201 — https://supreme.justia.com/cases/federal/us/347/201/

Sony Corp. v. Universal City Studios, 464 U.S. 417 (1984)

Sony addressed fair use and time-shifting television programs. It remains one of the major Supreme Court fair-use cases.
Source: Sony Corp. v. Universal City Studios, 464 U.S. 417 — https://supreme.justia.com/cases/federal/us/464/417/

Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985)

Harper & Row addressed fair use involving excerpts from an unpublished manuscript and emphasized the importance of market effect and the unpublished nature of the work.
Source: Harper & Row v. Nation Enterprises, 471 U.S. 539 — https://supreme.justia.com/cases/federal/us/471/539/

Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989)

CCNV v. Reid addressed work-made-for-hire and copyright ownership. This case matters when determining who owns copyright in commissioned work.
Source: Community for Creative Non-Violence v. Reid, 490 U.S. 730 — https://supreme.justia.com/cases/federal/us/490/730/

Stewart v. Abend, 495 U.S. 207 (1990)

Stewart v. Abend addressed renewal rights and derivative works. This case is relevant to older works, renewal terms, and derivative works based on copyrighted material.
Source: Stewart v. Abend, 495 U.S. 207 — https://supreme.justia.com/cases/federal/us/495/207/

Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991)

Feist held that facts are not copyrightable and that originality, not mere labor or “sweat of the brow,” is the touchstone of copyright protection.
Source: Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 — https://supreme.justia.com/cases/federal/us/499/340/

Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994)

Campbell is a leading fair-use case involving parody and transformative use. It helps show the difference between fair use and public-domain status.
Source: Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 — https://supreme.justia.com/cases/federal/us/510/569/

Eldred v. Ashcroft, 537 U.S. 186 (2003)

Eldred upheld the Sonny Bono Copyright Term Extension Act and confirmed Congress’s authority to extend copyright terms within constitutional limits.
Source: Eldred v. Ashcroft, 537 U.S. 186 — https://supreme.justia.com/cases/federal/us/537/186/

Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003)

Dastar limited the use of trademark law as a substitute for expired copyright protection.
Source: Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 — https://supreme.justia.com/cases/federal/us/539/23/

Golan v. Holder, 565 U.S. 302 (2012)

Golan upheld restoration of copyright protection for certain foreign works that had been in the U.S. public domain under the URAA.
Source: Golan v. Holder, 565 U.S. 302 — https://supreme.justia.com/cases/federal/us/565/302/

Klinger v. Conan Doyle Estate, Ltd., 755 F.3d 496 (7th Cir. 2014)

Klinger held that public-domain Sherlock Holmes material could be used, but original material from still-protected later stories could not be used.
Source: Klinger v. Conan Doyle Estate, Ltd. — https://law.justia.com/cases/federal/appellate-courts/ca7/14-1128/14-1128-2014-06-16.html

Authors Guild v. Google, 804 F.3d 202 (2d Cir. 2015)

Authors Guild v. Google addressed fair use in mass digitization, search, and snippets. It is relevant to author confusion between public domain, digitization, access, and fair use.
Source: U.S. Copyright Office, Fair Use Summary: Authors Guild v. Google — https://www.copyright.gov/fair-use/summaries/authorsguild-google-2dcir2015.pdf

Star Athletica v. Varsity Brands, 580 U.S. 405 (2017)

Star Athletica addressed copyright protection for separable artistic features in useful articles. It is relevant to art, design, clothing graphics, and decorative elements.
Source: Star Athletica v. Varsity Brands, 580 U.S. 405 — https://supreme.justia.com/cases/federal/us/580/15-866/

Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020)

Georgia v. Public.Resource.Org held that official legal annotations created by a legislative body were not copyrightable under the government-edicts doctrine.
Source: Georgia v. Public.Resource.Org, Inc. — https://supreme.justia.com/cases/federal/us/590/18-1150/

Google LLC v. Oracle America, Inc., 593 U.S. ___ (2021)

Google v. Oracle addressed fair use in the context of software APIs. It is a major modern Supreme Court fair-use case.
Source: Google LLC v. Oracle America, Inc. — https://supreme.justia.com/cases/federal/us/593/18-956/

Andy Warhol Foundation v. Goldsmith, 598 U.S. ___ (2023)

Andy Warhol Foundation v. Goldsmith addressed fair use, transformative use, and commercial licensing. It is a major modern case on the limits of fair use.
Source: Andy Warhol Foundation v. Goldsmith — https://supreme.justia.com/cases/federal/us/598/21-869/

Thaler v. Perlmutter, D.C. Circuit, 2025

Thaler v. Perlmutter held that the Copyright Act requires human authorship and affirmed denial of registration for a work identified as authored by an AI system.
Source: Thaler v. Perlmutter, D.C. Circuit Opinion PDF — https://media.cadc.uscourts.gov/opinions/docs/2025/03/23-5233.pdf

16. How Public-Domain Status Is Commonly Researched

Exact Work Identification

Public-domain research begins with identifying the exact work: title, author, editor, translator, illustrator, photographer, publisher, publication date, country of first publication, edition, volume, issue, copyright notice, and source copy. The Copyright Office’s Circular 22 explains that copyright-status research may require investigating publication, notice, registration, renewal, transfers, and other records.
Source: U.S. Copyright Office, Circular 22 — https://www.copyright.gov/circs/circ22.pdf

Publication Date

Publication date is central because copyright duration often depends on when a work was published. The Copyright Office’s duration circular states that U.S. works published before January 1, 1931, are public domain as of 2026, while later works may require additional analysis.
Source: U.S. Copyright Office, Circular 15A — https://www.copyright.gov/circs/circ15a.pdf

Renewal Search

Renewal research matters for many U.S. books published from 1923 through 1963. Stanford’s Copyright Renewal Database indexes U.S. Class A book renewal registrations for books published in the United States between 1923 and 1963.
Source: Stanford, Copyright Renewal Database — https://exhibits.stanford.edu/copyrightrenewals
Source: University of Pennsylvania, Catalog of Copyright Entries — https://onlinebooks.library.upenn.edu/cce/

Copyright Records

The U.S. Copyright Office Public Records Portal provides access to the Copyright Public Records System, Virtual Card Catalog, Catalog of Copyright Entries, and other historical records.
Source: U.S. Copyright Office, Public Records Portal — https://www.copyright.gov/public-records/
Source: U.S. Copyright Office, Virtual Card Catalog — https://www.copyright.gov/vcc/

Public-Domain Status Is Not Always Conclusive from One Search

The Copyright Office explains that searching copyright records can help determine copyright status, but a search may not always be conclusive.
Source: U.S. Copyright Office, Circular 22 — https://www.copyright.gov/circs/circ22.pdf

17. Credible Research Sources and Public-Domain Sites

U.S. Copyright Office Public Records Portal

The Copyright Public Records Portal provides access to the Copyright Public Records System, Virtual Card Catalog, Catalog of Copyright Entries, historical records, and early copyright records.
Source: https://www.copyright.gov/public-records/

U.S. Copyright Office Virtual Card Catalog

The Virtual Card Catalog indexes copyright registrations and other public records from 1870 through 1977, including author names, titles, registration numbers, and registration dates.
Source: https://www.copyright.gov/vcc/

U.S. Copyright Office Circulars

The Copyright Office’s circulars include Circular 15A on duration, Circular 22 on investigating copyright status, Circular 33 on works not protected by copyright, Circular 38B on restored copyrights under the URAA, Circular 56 and 56A on sound recordings and musical compositions, and Circular 14 on derivative works and compilations.
Source: https://www.copyright.gov/circs/

Cornell Copyright Term Chart

Cornell University Library’s copyright term chart is a widely used educational reference for public-domain term rules in the United States.
Source: https://guides.library.cornell.edu/copyright/publicdomain

Stanford Copyright Renewal Database

Stanford’s Copyright Renewal Database provides searchable renewal information for U.S. Class A books published from 1923 through 1963.
Source: https://exhibits.stanford.edu/copyrightrenewals

University of Pennsylvania Online Books Page

The University of Pennsylvania’s Online Books Page provides access to the Catalog of Copyright Entries and renewal records.
Source: https://onlinebooks.library.upenn.edu/cce/

Project Gutenberg

Project Gutenberg states that the vast majority of its eBooks are public domain in the United States and provides permission and license information for use of its texts.
Source: https://www.gutenberg.org/policy/permission.html
Source: https://www.gutenberg.org/policy/license.html

HathiTrust Digital Library

HathiTrust identifies public-domain works and states that users are free to copy, use, and redistribute public-domain works in whole or in part, while also warning that some portions may have separate rights claims.
Source: https://www.hathitrust.org/the-collection/search-access/access-use-policy/

Internet Archive

Internet Archive contains many types of materials with varied rights status, and its terms require users to comply with applicable intellectual-property laws.
Source: https://archive.org/about/terms.php
Source: https://help.archive.org/help/rights/

Library of Congress Free to Use and Reuse

The Library of Congress provides “Free to Use and Reuse” sets of rights-free images and materials.
Source: https://www.loc.gov/free-to-use/

Library of Congress Prints and Photographs Online Catalog

The Library of Congress Prints and Photographs Online Catalog contains catalog records and digital images representing still-picture holdings.
Source: https://www.loc.gov/pictures/

Smithsonian Open Access

Smithsonian Open Access allows users to download, share, and reuse millions of Smithsonian images under CC0.
Source: https://www.si.edu/openaccess

The Metropolitan Museum of Art Open Access

The Met provides public-domain artwork images under Open Access and CC0.
Source: https://www.metmuseum.org/hubs/open-access

Getty Open Content Program

Getty’s Open Content Program provides high-resolution images of public-domain artworks from Getty collections.
Source: https://www.getty.edu/projects/open-content-program/

National Gallery of Art Open Access

The National Gallery of Art provides open-access images for public-domain works in its collection.
Source: https://www.nga.gov/open-access-images.html

New York Public Library Public Domain Collections

NYPL provides public-domain materials available as high-resolution downloads.
Source: https://www.nypl.org/research/resources/public-domain-collections

National Archives

The National Archives provides guidance on still-picture permissions and use of federal photographic records.
Source: https://www.archives.gov/research/still-pictures/permissions

NASA Image and Media Library

NASA provides usage guidelines for images, audio, video, and media.
Source: https://www.nasa.gov/nasa-brand-center/images-and-media/

USGS

USGS provides copyright and credit guidance for USGS-authored and USGS-produced materials.
Source: https://www.usgs.gov/information-policies-and-instructions/copyrights-and-credits

NOAA

NOAA provides public-domain photo-library guidance.
Source: https://www.noaa.gov/noaa-collections/photo-library

Digital Public Library of America

DPLA provides rights categories and filters for searching cultural heritage materials.
Source: https://dp.la/about/rights-categories

Wikimedia Commons

Wikimedia Commons hosts public-domain and freely licensed media but requires users to review license and non-copyright restrictions.
Source: https://commons.wikimedia.org/wiki/Commons:Licensing

Creative Commons CC0 and Public Domain Mark

Creative Commons provides CC0 for public-domain dedication and Public Domain Mark for works believed to be free of known copyright restrictions.
Source: CC0 — https://creativecommons.org/publicdomain/zero/1.0/
Source: Public Domain Mark — https://creativecommons.org/publicdomain/mark/1.0/

RightsStatements.org

RightsStatements.org provides standardized rights statements for cultural heritage institutions.
Source:  

18. Public-Domain Red Flags

Date Red Flags

Works published after 1930 require more scrutiny because, as of 2026, the U.S. Copyright Office’s broad public-domain date statement applies to U.S. works published before January 1, 1931. Works published from 1931 forward may still be protected depending on category, renewal, publication facts, and term rules.
Source: U.S. Copyright Office, What Is Copyright? — https://www.copyright.gov/what-is-copyright/
Source: U.S. Copyright Office, Circular 15A — https://www.copyright.gov/circs/circ15a.pdf

Edition Red Flags

Modern editions of older works may include copyrighted added material. Circular 14 states that derivative-work protection can apply to new material while not extending to the underlying public-domain work.
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf

Translation Red Flags

Translations can be derivative works with their own copyright protection. Section 103 and Circular 14 explain that copyright may protect original contributions in derivative works but not the underlying preexisting material.
Source: 17 U.S.C. §103 — https://www.law.cornell.edu/uscode/text/17/103
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf

Music Red Flags

Songs, lyrics, sheet music, arrangements, performances, and sound recordings can involve separate rights. Copyright Office Circular 56 and 56A explain that musical compositions and sound recordings are separate works.
Source: U.S. Copyright Office, Circular 56 — https://www.copyright.gov/circs/circ56.pdf
Source: U.S. Copyright Office, Circular 56A — https://www.copyright.gov/circs/circ56a.pdf

Foreign Work Red Flags

Foreign works may involve restored U.S. copyright under the URAA. Circular 38B and Golan v. Holder are the key sources on restored foreign copyrights.
Source: U.S. Copyright Office, Circular 38B — https://www.copyright.gov/circs/circ38b.pdf
Source: Golan v. Holder — https://supreme.justia.com/cases/federal/us/565/302/

Image Red Flags

Photographs, museum images, archive scans, and digital reproductions can involve copyright, rights statements, contract terms, privacy rights, publicity rights, or other restrictions. NARA states that it does not confirm copyright status for every item, and RightsStatements.org includes categories for no copyright with other known legal or contractual restrictions.
Source: National Archives, Still Pictures Permissions — https://www.archives.gov/research/still-pictures/permissions
Source: RightsStatements.org — https://rightsstatements.org/en/

Trademark Red Flags

A work being public domain for copyright does not automatically resolve trademark issues involving names, logos, series titles, brands, or source identifiers. The USPTO explains that trademarks are separate from copyrights, and the Copyright Office states that names, titles, slogans, and short phrases are not protected by copyright.
Source: USPTO, Trademark, Patent, or Copyright — https://www.uspto.gov/trademarks/basics/trademark-patent-copyright
Source: U.S. Copyright Office, Circular 33 — https://www.copyright.gov/circs/circ33.pdf

19. Key Definitions

Public Domain

Public domain means material not protected by copyright in the relevant jurisdiction. The Copyright Office explains that works can be in the public domain because copyright expired or because the work was never protected, such as facts and discoveries.
Source: U.S. Copyright Office, What Is Copyright? — https://www.copyright.gov/what-is-copyright/

Copyright

Copyright protects original works of authorship fixed in a tangible medium.
Source: 17 U.S.C. §102 — https://www.law.cornell.edu/uscode/text/17/102
Source: U.S. Copyright Office, Copyright Basics, Circular 1 — https://www.copyright.gov/circs/circ01.pdf

Publication

Publication means distribution of copies or phonorecords to the public by sale, transfer of ownership, rental, lease, or lending, and public performance or display alone does not necessarily constitute publication.
Source: 17 U.S.C. §101 — https://www.law.cornell.edu/uscode/text/17/101

Derivative Work

A derivative work is based on one or more preexisting works and may include recasting, transforming, or adapting the preexisting work. Section 103 and Circular 14 explain that copyright protection in derivative works does not extend to the preexisting public-domain material.
Source: 17 U.S.C. §103 — https://www.law.cornell.edu/uscode/text/17/103
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf

Compilation

A compilation is a work formed by collecting and assembling preexisting materials or data that are selected, coordinated, or arranged in an original way. Feist explains that facts themselves remain uncopyrightable even when a sufficiently original factual compilation receives limited protection.
Source: 17 U.S.C. §101 — https://www.law.cornell.edu/uscode/text/17/101
Source: Feist — https://supreme.justia.com/cases/federal/us/499/340/

CC0

CC0 is Creative Commons’ public-domain dedication tool. Creative Commons states that CC0 allows a rights holder to waive copyright and related rights to the fullest extent allowed by law, allowing copying, modification, distribution, and performance, even commercially, without asking permission.
Source: Creative Commons, CC0 — https://creativecommons.org/publicdomain/zero/1.0/

Public Domain Mark

The Public Domain Mark identifies a work as free of known copyright restrictions. Creative Commons states that a work marked with the Public Domain Mark can be copied, modified, distributed, and performed, even commercially, without asking permission.
Source: Creative Commons, Public Domain Mark — https://creativecommons.org/publicdomain/mark/1.0/

Question 1: Is everything published before 1931 public domain?

Question 2: If a book is public domain, can a modern edition still be copyrighted?

Yes. A modern edition can contain copyrightable new material such as notes, commentary, annotations, introductions, maps, illustrations, layout, study questions, or editorial selection. Circular 14 explains that derivative works and compilations may protect newly added material, but that protection does not extend to the underlying public-domain material.
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf
Source: 17 U.S.C. §103 — https://www.law.cornell.edu/uscode/text/17/103

Question 3: Are facts public domain?

Facts are not copyrighted. The Supreme Court in Feist held that facts are not copyrightable and that factual compilations are protected only to the extent of original selection, coordination, or arrangement.
Source: Feist Publications, Inc. v. Rural Telephone Service Co. — https://supreme.justia.com/cases/federal/us/499/340/

Question 4: Are ideas public domain?

Copyright does not protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries under 17 U.S.C. §102(b). Baker v. Selden is a leading case on the expression-versus-system distinction.
Source: 17 U.S.C. §102 — https://www.law.cornell.edu/uscode/text/17/102
Source: Baker v. Selden — https://supreme.justia.com/cases/federal/us/101/99/

Question 5: Are old photos public domain?

Old photographs may be public domain, but the answer depends on publication date, author, country, notice, renewal, and whether the image is a later reproduction, archive scan, or third-party item. The National Archives states that federal photographic records are generally available for publication without permission, but some materials may still involve copyright or other restrictions.
Source: National Archives, Still Pictures Permissions — https://www.archives.gov/research/still-pictures/permissions
Source: Burrow-Giles Lithographic Co. v. Sarony — https://supreme.justia.com/cases/federal/us/111/53/

Question 6: Are government images public domain?

17 U.S.C. §105 says copyright protection is not available for works of the United States Government, but federal sites may contain contractor works, third-party photos, logos, seals, trademarks, and licensed content. NASA, USGS, NOAA, and the National Archives each provide specific guidance.
Source: 17 U.S.C. §105 — https://www.law.cornell.edu/uscode/text/17/105
Source: NASA — https://www.nasa.gov/nasa-brand-center/images-and-media/
Source: USGS — https://www.usgs.gov/information-policies-and-instructions/copyrights-and-credits
Source: NOAA — https://www.noaa.gov/noaa-collections/photo-library
Source: National Archives — https://www.archives.gov/research/still-pictures/permissions

Question 7: Is Google Images a public-domain source?

Google Images is a search tool, not a public-domain clearance source. Public-domain status depends on the underlying work and rights status, not on whether an image appears in search results.
Source: Library of Congress, Understanding Copyright and Rights Information — https://www.loc.gov/legal/security-copyright-and-privacy/understanding-copyright/
Source: Creative Commons, Public Domain Tools — https://creativecommons.org/public-domain/

Question 8: Is Wikipedia or Wikimedia Commons public domain?

Wikimedia Commons hosts public-domain and freely licensed media, but it states that users may need to comply with license requirements and non-copyright restrictions. Wikipedia text itself is typically licensed, not automatically public domain.
Source: Wikimedia Commons, Licensing — https://commons.wikimedia.org/wiki/Commons:Licensing
Source: Creative Commons, CC BY-SA 4.0 — https://creativecommons.org/licenses/by-sa/4.0/

Question 9: Is Project Gutenberg safe for public-domain books?

Project Gutenberg states that the vast majority of its eBooks are public domain in the United States, but users should review the license inside each book.
Source: Project Gutenberg, Permission Information — https://www.gutenberg.org/policy/permission.html
Source: Project Gutenberg, License Information — https://www.gutenberg.org/policy/license.html

Question 10: Are public-domain works free for commercial use?

For U.S. copyright purposes, a true U.S. public-domain work is not restricted by copyright. Project Gutenberg states that public-domain use can include commercial use, republishing, derivative works, and performances. CC0 also allows copying, modifying, distributing, and performing a work, even commercially.
Source: Project Gutenberg, Permission Information — https://www.gutenberg.org/policy/permission.html
Source: Creative Commons, CC0 — https://creativecommons.org/publicdomain/zero/1.0/

Question 11: Does public domain mean no attribution is required?

Public domain generally means copyright permission is not required, but attribution may still be required by archive terms, professional standards, contractual terms, or non-copyright restrictions. Europeana’s public-domain usage guidelines encourage preserving public-domain marks and source information.
Source: Europeana, Public Domain Usage Guidelines — https://www.europeana.eu/en/rights/public-domain-usage-guidelines
Source: RightsStatements.org — https://rightsstatements.org/en/

Question 12: Can a public-domain work be copyrighted again?

The underlying public-domain work generally remains public domain, but new original material added to it may receive its own copyright. Circular 14 states that a derivative work does not extend copyright protection in the preexisting public-domain material.
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf
Source: 17 U.S.C. §103 — https://www.law.cornell.edu/uscode/text/17/103

Question 13: Are translations public domain?

A translation can be separately protected as a derivative work if it contains original expression. A public-domain original text does not automatically make a modern translation public domain.
Source: 17 U.S.C. §103 — https://www.law.cornell.edu/uscode/text/17/103
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf

Question 14: Are song lyrics public domain?

Song lyrics are literary expression and may be copyrighted unless their copyright has expired or they were never protected. The Copyright Office explains that a musical composition and a sound recording are separate works.
Source: U.S. Copyright Office, Circular 56A — https://www.copyright.gov/circs/circ56a.pdf
Source: U.S. Copyright Office, Circular 56 — https://www.copyright.gov/circs/circ56.pdf

Question 15: Are hymns public domain?

Some older hymn texts or tunes may be public domain, but modern arrangements, translations, recordings, hymnals, typesetting, notes, and performances may be protected.
Source: U.S. Copyright Office, Circular 56A — https://www.copyright.gov/circs/circ56a.pdf
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf

Question 16: Is the King James Version public domain?

Question 17: Is the World English Bible public domain?

The World English Bible states that it is a public-domain modern English translation and may be copied in electronic and print formats. eBible also states that “World English Bible” is a trademark.
Source: World English Bible — https://worldenglish.bible/
Source: eBible Copyright Information — https://ebible.org/copyright.htm

Question 18: Are old foreign books public domain in the United States?

Some old foreign works may be public domain in the United States, but some had U.S. copyright restored under the URAA. Circular 38B explains restored copyrights, and Golan v. Holder upheld restoration of certain foreign works.
Source: U.S. Copyright Office, Circular 38B — https://www.copyright.gov/circs/circ38b.pdf
Source: Golan v. Holder — https://supreme.justia.com/cases/federal/us/565/302/

Question 19: Is a public-domain character completely free to use?

Question 20: Can trademark law still matter if copyright expired?

Yes. Copyright and trademark are different bodies of law. The USPTO explains that trademarks, patents, and copyrights are different forms of intellectual property, and Dastar limits using trademark law as a substitute for expired copyright.
Source: USPTO, Trademark, Patent, or Copyright — https://www.uspto.gov/trademarks/basics/trademark-patent-copyright
Source: Dastar Corp. v. Twentieth Century Fox — https://supreme.justia.com/cases/federal/us/539/23/

Question 21: Can a book title be copyrighted?

The U.S. Copyright Office states that copyright does not protect names, titles, slogans, or short phrases.
Source: U.S. Copyright Office, Circular 33 — https://www.copyright.gov/circs/circ33.pdf

Question 22: Can a book title be trademarked?

Question 23: Does “out of print” mean public domain?

Out-of-print status does not determine copyright status. Copyright duration depends on Title 17, publication date, renewal status, authorship, and other legal facts.
Source: U.S. Copyright Office, Circular 22 — https://www.copyright.gov/circs/circ22.pdf
Source: U.S. Copyright Office, Circular 15A — https://www.copyright.gov/circs/circ15a.pdf

Question 24: Does “no copyright notice” mean public domain?

For some older works, copyright notice and formalities can matter, but the rule depends on the date and legal regime. Cornell’s chart identifies notice, registration, renewal, and deposit as historical formalities that may matter for older works.
Source: Cornell, Copyright Term and Public Domain Chart — https://guides.library.cornell.edu/copyright/publicdomain
Source: U.S. Copyright Office, Circular 22 — https://www.copyright.gov/circs/circ22.pdf

Question 25: Does copyright registration determine public-domain status?

Registration records are important but not always conclusive. The Copyright Office’s Public Records Portal provides registration and recordation data, and Circular 22 explains how to investigate copyright status.
Source: U.S. Copyright Office, Public Records Portal — https://www.copyright.gov/public-records/
Source: U.S. Copyright Office, Circular 22 — https://www.copyright.gov/circs/circ22.pdf

Question 26: Are AI-generated works public domain?

The Copyright Office states that copyright registration requires human authorship, and Thaler v. Perlmutter held that the Copyright Act requires eligible work to be authored by a human being. AI-generated material may be uncopyrightable for lack of human authorship, but that is not identical to a traditional public-domain determination for a prior human-authored work.
Source: U.S. Copyright Office, Compendium Chapter 300 — https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf
Source: Thaler v. Perlmutter — https://media.cadc.uscourts.gov/opinions/docs/2025/03/23-5233.pdf

Question 27: Can old newspapers and magazines be public domain?

Some older newspapers and magazines may be public domain depending on publication date, copyright notice, renewal, and whether the relevant contribution is separately copyrighted. Copyright Office records and the Catalog of Copyright Entries are common sources for researching periodicals and contributions.
Source: U.S. Copyright Office, Public Records Portal — https://www.copyright.gov/public-records/
Source: University of Pennsylvania, Catalog of Copyright Entries — https://onlinebooks.library.upenn.edu/cce/

Question 28: Are maps public domain?

Some maps are public domain, especially qualifying U.S. federal government maps, but maps may also be copyrighted if they contain original expression. USGS states that USGS-authored or USGS-produced information is public domain, while noting that not all images or graphics on USGS websites are necessarily USGS-created.
Source: USGS, Copyrights and Credits — https://www.usgs.gov/information-policies-and-instructions/copyrights-and-credits
Source: 17 U.S.C. §105 — https://www.law.cornell.edu/uscode/text/17/105

Question 29: Are public-domain works safe to use worldwide?

Public-domain status is jurisdiction-specific. Project Gutenberg states that works public domain in the United States may not be public domain in other countries, and foreign works may also involve restored copyright under the URAA in the United States.
Source: Project Gutenberg, License Information — https://www.gutenberg.org/policy/license.html
Source: U.S. Copyright Office, Circular 38B — https://www.copyright.gov/circs/circ38b.pdf

Question 30: What is the safest factual statement about public domain?

Public-domain status depends on the exact work, country, publication date, author death date, copyright term, renewal history, edition, translation, embedded material, and any separate rights attached to later-added material. This statement follows from Copyright Office Circular 22, duration circulars, Title 17 duration rules, and derivative-work rules.
Source: U.S. Copyright Office, Circular 22 — https://www.copyright.gov/circs/circ22.pdf
Source: U.S. Copyright Office, Circular 15A — https://www.copyright.gov/circs/circ15a.pdf
Source: 17 U.S.C. §103 — https://www.law.cornell.edu/uscode/text/17/103

Final Educational Summary

Public domain is a legal status under which a work is not protected by copyright in the relevant jurisdiction. In the United States, works may be public domain because copyright expired, copyright protection was never available, copyright was lost under older formalities, the work is a qualifying U.S. federal government work, or the rights holder dedicated it to the public through a tool such as CC0.
Source: U.S. Copyright Office, What Is Copyright? — https://www.copyright.gov/what-is-copyright/
Source: 17 U.S.C. §105 — https://www.law.cornell.edu/uscode/text/17/105
Source: Creative Commons, CC0 — https://creativecommons.org/publicdomain/zero/1.0/

As of 2026, the most important broad U.S. date rule is that works published in the United States before January 1, 1931, are public domain, according to the U.S. Copyright Office. Later works require more detailed analysis involving term rules, renewal records, publication status, authorship, category, country, and later-added material.
Source: U.S. Copyright Office, What Is Copyright? — https://www.copyright.gov/what-is-copyright/
Source: U.S. Copyright Office, Circular 15A — https://www.copyright.gov/circs/circ15a.pdf
Source: Cornell, Copyright Term and Public Domain Chart — https://guides.library.cornell.edu/copyright/publicdomain

The public-domain question is separate from fair use, trademark, privacy, publicity, defamation, contract terms, archive terms, and permissions rules. Copyright may expire while other issues remain, and public-domain source material may appear inside modern copyrighted editions, translations, annotations, illustrations, performances, recordings, or databases.
Source: 17 U.S.C. §107 — https://www.law.cornell.edu/uscode/text/17/107
Source: USPTO, Trademark, Patent, or Copyright — https://www.uspto.gov/trademarks/basics/trademark-patent-copyright
Source: U.S. Copyright Office, Circular 14 — https://www.copyright.gov/circs/circ14.pdf

The main legal authorities shaping public-domain analysis include the U.S. Constitution’s Copyright Clause, Title 17, the Copyright Act of 1909, the Copyright Act of 1976, the Sonny Bono Copyright Term Extension Act, the URAA, the Music Modernization Act, and cases including Wheaton, Baker, Banks, Callaghan, Feist, Campbell, Eldred, Dastar, Golan, Klinger, Georgia v. Public.Resource.Org, Authors Guild v. Google, Warhol v. Goldsmith, and Thaler v. Perlmutter.
Source: U.S. Constitution Copyright Clause — https://constitution.congress.gov/browse/article-1/section-8/clause-8/
Source: Title 17 — https://www.copyright.gov/title17/
Source: U.S. Copyright Office, Music Modernization Act — https://www.copyright.gov/music-modernization/
Source: Wheaton — https://supreme.justia.com/cases/federal/us/33/591/
Source: Baker — https://supreme.justia.com/cases/federal/us/101/99/
Source: Feist — https://supreme.justia.com/cases/federal/us/499/340/
Source: Dastar — https://supreme.justia.com/cases/federal/us/539/23/
Source: Golan — https://supreme.justia.com/cases/federal/us/565/302/
Source: Warhol — https://supreme.justia.com/cases/federal/us/598/21-869/

The most reliable research begins with the U.S. Copyright Office, Title 17, Copyright Office circulars, Copyright Office public records, the Virtual Card Catalog, the Catalog of Copyright Entries, Stanford’s renewal database, Cornell’s public-domain chart, and rights statements from the specific library, museum, archive, agency, or platform holding the item.
Source: U.S. Copyright Office, Public Records Portal — https://www.copyright.gov/public-records/
Source: U.S. Copyright Office, Virtual Card Catalog — https://www.copyright.gov/vcc/
Source: Stanford, Copyright Renewal Database — https://exhibits.stanford.edu/copyrightrenewals
Source: Cornell, Copyright Term and Public Domain Chart — https://guides.library.cornell.edu/copyright/publicdomain