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Now that you've located and can identify what
information qualifies as a rich resource for your research, the
next step is to determine whether your resource is in public domain
or is still copyrighted or protected material. Depending on whether
it is public domain or not will determine whether or not you need
to permission to modify, cite or use this published material.
So what does it mean when work is in "public domain?"
Merriam-Webster Online
Dictionary (12 Nov 2003) states that public domain
is:
Main Entry: public domain
Function: noun
Date: 1832
1 : land owned directly by the government
2 : the realm embracing property rights that belong to the community
at large, are unprotected by copyright or patent, and are subject
to appropriation by anyone
In other words, anyone has free reign to take material that is
in public domain and modify or use it in whatever way they want.
Activity Description
- Download a print-friendly version of the article written below
(you will need Adobe Acrobat Reader to open this file):
When Work Passes into Public Domain
- Brainstorm what are examples of work that is in public domain.
Now
go to Copyright and Fair Use.....
When Work Passes into Public Domain
This is published with permission from Laura N. Gasaway and was
developed with the help of Professor Tom Field from the Franklin
Pierce Law Center. The information on this page is current as of
November 4, 2003. Updates to the law will be reflected on their
web site, so check the following page to see if any changes have
been made:
http://www.unc.edu/~unclng/public-d.htm.
| DATE OF WORK |
PROTECTED FROM |
TERM |
| Created 1-1-78 or after |
When work is fixed in tangible
medium of expression |
Life + 70 years1(or if work of corporate authorship, the shorter of 95 years
from publication, or 120 years from creation2 |
| Published before 1923 |
In public domain |
None |
| Published from 1923 - 63 |
When published with notice3 |
28 years + could be renewed
for 47 years, now extended by 20 years for a total renewal
of 67 years. If not so renewed, now in public domain |
| Published from 1964 - 77 |
When published with notice |
28 years for first term; now
automatic extension of 67 years for second term |
| Created before 1-1-78 but
not published |
1-1-78, the effective date
of the 1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2002,
whichever is greater |
Created before
1-1-78 but published between then and 12-31-2002 |
1-1-78, the effective date
of the 1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2047
whichever is greater |
- Term of joint works is measured by life
of the longest-lived author.
- Works for hire, anonymous and pseudonymous
works also have this term. 17 U.S.C. § 302(c).
- Under the 1909 Act, works published
without notice went into the public domain upon publication.
Works published without notice between 1-1-78 and 3-1-89, effective
date of the Berne Convention Implementation Act, retained copyright
only if, e.g., registration was made within five years. 17 U.S.C.
§ 405.
Notes courtesy of Professor Tom Field, Franklin Pierce Law Center
created by: LOLLY GASAWAY Last updated 11-4-2003
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