Public Domain Survival Kit
November 27th, 2009 | 
Author: Three Rules Of The Public Domain: How To Know If a Work is in the Public Domain
One can build an entire enterprise based upon the re-publication of content in the Public Domain without investing a single cent, but you will need to comply to certain rules regarding what is not and what is in the public domain, and this differs from country to country. For the sake of simplicity, we will focus on what is versus what isn’t public domain in the U.S.
The United States is the ideal starting point of public domain works, for the basic reason that it is the largest market and contains the largest collection of English language creative works out of all the English language countries. This makes it easier for us to fast track your success with the public domain. Here are three simple guidelines which will assist you to assess, at least to begin with, whether the copyright for a U.S. origin created work is still current or has ended.
GUIDELINE #1: Creative works published in the USA before 1923 are all public domain. Whilst the phraseology used in books published before 1923 is somewhat old-fashioned, there are also many classics from the pre-1923 era. Besides books, there are photographs, drawings, and films to name a few. Tony Laidig, the public domain expert, has demonstrated that there is an unquestionable goldmine of content available to those who put in the time and energy to bring it up to date, repackage, and re-publish it.
GUIDELINE #2: Creative works published in the USA between 1923 and 01-Mar-1989 are also copyright protected, provided that certain rules have been adhered to. If the author, publisher or creator of the work neglected to observe the following rules, the work will fall into the public domain:
- Published between 1923 and 1978 without a valid copyright notice;
- Published between 1978 and 01-Mar-1989, without a notice and registration;
- Published between 1923 and 1963 with a copyright notice but author failed to renew it in the 28th year after publication.
GUIDELINE #3: Works created after 01-Mar-1989, even if not published, are protected by copyright for 70 years after the author has passed away. Works made for hire after 01-Mar-1989 are protected by copyright for 120 years from the date of creation, or ninety five years from publication, whichever comes earlier.
This guideline means todays authors do not necessarily need to record a formal notice of copyright, although it is still desireable to do so in case the need should ever arise where you need to enforce your rights or seek damages in a court of law.
The term “works made for hire” refers to publications created by an employee, paid professional or freelancer, who have created something for a third party. The exception to this is that the majority of Federal USA Govt publications, even when created after 01-Mar-1989, are generally in the public domain by default.
The above three guidelines are broad stroke, and there are some finer points and some exceptions that apply to creative works in the post 1923 period. Public domain lawyer Bob Silber goes into detail on some legal intricacies in the Public Domain How To by Russell Brunson, a brilliant resource for anyone who have the aim to build an enterprise profiting from the republishing of creative works in the public domain.
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