Do You Recognize These 5 Common Misconceptions About the Public Domain?

By Barbara Andrade

You've probably heard that creative works in the public domain are free for the taking, to repackage and sell as your own. Sounds great, right? But are you sure you know what "in the public domain" means? If you intend to republish public domain content, make sure that's what it really is.

Here are 5 mistaken beliefs people have about the public domain. How many do you believe?

1. Anything I find on the Internet is in the public domain.

Not true. There are public domain works on the Internet, but the reason those works are in the public domain has nothing to do with the fact that they're available online. In the context of copyright law the term "public domain" has a specific legal meaning. It means a work is not protected by copyright. Most everything you'll find on the Internet is protected by copyright. Don't confuse "available to the public" with "in the public domain."

2. If a work doesn't have a copyright notice on it, it's in the public domain.

Not necessarily. Before March 1, 1989, copyright notices were required on all published works. On that date they became optional, so works published within the last 18 years don't need a copyright notice to be protected. In addition, if a work was published without a copyright notice between January 1, 1978, and March 1, 1989, it did not go into the public domain if the owner took certain steps to correct the mistake.

3. Books that are out of print are in the public domain.

Don't confuse "out of print" with "out of copyright." When a book goes out of print its copyright does not automatically expire. Copyright protection lasts for a specific term of years whether or not the work is in print and being sold. Even though most books go out of print within one year, copyright now lasts for the life of the author plus 70 years.

4. All US government works are in the public domain.

No, not all. Works created by US government employees as part of their official duties are in the public domain. But don't assume that all US government works are copyright free. If the government hires an independent contractor to create a work for it, that independent contractor may retain copyright. In addition, some government organizations can claim copyright in their works -- and they do. Two examples are the Smithsonian Institution and the US Postal Service.

5. If I republish or repackage a public domain work, I can claim copyright in it.

When you add your own material to a public domain work, only the material you add may be protected by copyright. The underlying work remains in the public domain. Once a work is in the public domain no one may claim copyright in it. Let's say you made a DVD collection of US Army footage from World War II. Your selection and arrangement of that footage (plus things like your narration or choice of music) would be copyrightable -- but the original footage you used would not be. Anyone else would be free to use it, just as you did.

Don't rely only on what you've heard "in the public domain" means. If you do, you could end up in legal hot water.

Barbara Andrade is the founder of http://www.publicdomainsherpa.com which provides free information and resources that help you find and use public domain content.

To learn more mistaken beliefs about the public domain, follow this link: [Public Domain]

Copyright 2007 Barbara Andrade

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