The public domain refers to all material that is not under copyright protection, and can therefore be used freely and without restriction. This includes works that have exceeded the duration of copyright, works produced by federal or state governments, and works that have been dedicated to the public domain by their creators.
By the Duke Center for the Study of the Public Domain, a partial list of copyrighted works that entered the public domain in the U.S. on January 1, 2023
One of the best and most comprehensive resources for determining whether a work may be in the public domain, by Peter B. Hirtle at Cornell University.
Excellent set of questions to ask to determine whether a work is in the public domain.
The guide provides a general, and necessarily limited, discussion of various state laws, regulations, and cases. For each state, the District of Columbia, and Puerto Rico, we've tried to identify the relevant laws and legal sources that affect the copyright status of government documents.
(See footnote 1)
Type of Work | Copyright Term | In the public domain in the U.S. as of 1 January 2023 3 |
Unpublished works | Life of the author + 70 years | Works from authors who died before 1953 |
Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship) | 120 years from date of creation | Works created before 1903 |
Unpublished works when the death date of the author is not known4 | 120 years from date of creation5 | Works created before 19035 |
Date of Publication6 | Conditions7 | Copyright Term 3 |
Before 1928 | None | None. In the public domain due to copyright expiration |
1928 through 1977 | Published without a copyright notice | None. In the public domain due to failure to comply with required formalities |
1978 to 1 March 1989 | Published without notice, and without subsequent registration within 5 years | None. In the public domain due to failure to comply with required formalities |
1978 to 1 March 1989 | Published without notice, but with subsequent registration within 5 years | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
1928 through 1963 | Published with notice but copyright was not renewed8 | None. In the public domain due to copyright expiration |
1928 through 1963 | Published with notice and the copyright was renewed8 | 95 years after publication date |
1964 through 1977 | Published with notice | 95 years after publication date |
1978 to 1 March 1989 | Created after 1977 and published with notice | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
1978 to 1 March 1989 | Created before 1978 and first published with notice in the specified period | The greater of the term specified in the previous entry or 31 December 2047 |
From 1 March 1989 through 2002 | Created after 1977 | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
From 1 March 1989 through 2002 | Created before 1978 and first published in this period | The greater of the term specified in the previous entry or 31 December 2047 |
After 2002 | None | 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first |
Anytime | Works prepared by an officer or employee of the United States Government as part of that person's official duties. 19 | None. In the public domain in the United States, unless the employee was a civilian member of the faculty of one of 13 service academies and the work in question is a literary work intended for scholarly publication. (17 U.S.C. § 105) |
Date of Publication | Conditions | Copyright Term in the United States |
Before 1928 | None | In the public domain (But see first special case below) |
Works Published Abroad Before 197810 |
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1928 through 1977 | Published without compliance with US formalities, and in the public domain in its source country as of 1 January 1996 (but see special cases) 20 | In the public domain |
1928 through 1977 | Published in compliance with all US formalities (i.e., notice, renewal)11 | 95 years after publication date |
1928 through 1977 | Solely published abroad, without compliance with US formalities or republication in the US, and not in the public domain in its home country as of 1 January 1996 (but see special cases) | 95 years after publication date |
1928 through 1977 | Published in the US less than 30 days after publication abroad | Use the US publication chart to determine duration |
1928 through 1977 | Published in the US more than 30 days after publication abroad, without compliance with US formalities, and not in the public domain in its home country as of 1 January 1996 (but see special cases) | 95 years after publication date |
Works Published Abroad After 1 January 1978 |
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1978 to 2002 | Created before 1978 and first published in a country that is a signatory to the Berne Convention or other 17 USC § 104A(h)(3) treaties 20 | The greater of 70 years after the death of author (or if work of corporate authorship, 95 years from publication) or 31 December 2047 |
2003- | Created before 1978 and first published after 2002 in a country that is a signatory to the Berne Convention or other 17 USC § 104A(h)(3) treaties 20 | 70 years after the death of the author, or if work of corporate authorship, 95 years from publication |
1 January 1978 - 1 March 1989 | Published without copyright notice, and in the public domain in its source country as of 1 January 1996 (but see special cases)18 | In the public domain |
1 January 1978 - 1 March 1989 | Published without copyright notice in a country that is a signatory to the Berne Convention or other 17 USC § 104A(h)(3) treaties and is not in the public domain in its source country as of 1 January 1996 (but see special cases) 18 | 70 years after the death of author, or if work of corporate authorship, 95 years from publication |
1 January 1978 - 1 March 1989 | Published with copyright notice in a country that has copyright relations with the US (but see special cases) 13 | 70 years after the death of author, or if work of corporate authorship, 95 years from publication |
After 1 March 1989 | Published in a country that has copyright relations with the US13 | 70 years after the death of author, or if work of corporate authorship, 95 years from publication |
After 1 March 1989 | Published in a country with which the United States does not have copyright relations under a treaty | In the public domain |
Special Cases |
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1 July 1909 through 1978 | In Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands ONLY. Published in a language other than English, and without subsequent republication with a copyright notice12 | Treat as an unpublished work until such date as first US-compliant publication occurred |
Anytime | Created by a resident of Eritrea, Ethiopia, Iran, Iraq, Marshall Islands, and published in one of these countries. Works from Palau, Somalia, South Sudan, or Timor-Leste may also be included.13 | Not protected by US copyright law until they become party to bilateral or international copyright agreements |
Anytime | Works whose copyright was once owned or administered by the Alien Property Custodian, and whose copyright, if restored, would as of January 1, 1996, be owned by a government14 | Not protected by US copyright law |
Anytime | If fixed or solely published in one of the following countries, the 1 January 1996 date given above is replaced by the date of the country's membership in the Berne Convention or the World Trade Organization, whichever is earlier: Afghanistan, Algeria, Andorra, Angola, Armenia, Azerbaijan, Belarus, Bhutan, Cambodia, Cape Verde, Cook Islands, Comoros, Equatorial Guinea, Grenada, Haiti, Jersey, Jordan, Kiribati, Democratic People's Republic of Korea, Kuwait, Kyrgyzstan, Laos, Malaysia, Micronesia, Mongolia, Montenegro, Nauru, Nepal, Niue, Oman, Panama, Papua New Guinea, Qatar, Samoa, San Marino, São Tomé and Príncipe, Saudi Arabia, Solomon Islands, Sudan, Syria, Taiwan, Tajikistan, Tonga, Turkmenistan, Tuvalu, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, Yemen |
(Note: The following information applies only to the sound recording itself, and not to any copyrights in underlying compositions or texts.)
Unpublished Sound Recordings, Domestic and Foreign |
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Date of Fixation/Publication | Conditions | Copyright Term in the United States |
Prior to 15 Feb. 1972 | Indeterminate | Subject to state common law protection. Enters the public domain on 15 Feb. 2067 |
After 15 Feb. 1972 | Life of the author + 70 years. For unpublished anonymous and pseudonymous works and works made for hire (corporate authorship), 120 years from the date of fixation | Nothing. The soonest anything enters the public domain is 15 Feb. 2067 |
Sound Recordings Published in the United States |
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Date of Fixation/Publication | Conditions | Copyright Term in the United States |
Before 1923 | None | 1 January 2022 |
1923 to 1946 | None | 100 years from publication |
1947 to 1956 | None | 110 years from publication |
1957 - 14 Feb 1972 | None | 15 Feb 2067 |
15 Feb 1972 to 1978 | Published without notice (i.e, ©, year of publication, and name of copyright owner)15 | In the public domain |
15 Feb. 1972 to 1978 | Published with notice | 95 years from publication. 2068 at the earliest |
1978 to 1 March 1989 | Published without notice, and without subsequent registration | In the public domain |
1978 to 1 March 1989 | Published with notice | 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation. 2049 at the earliest |
After 1 March 1989 | None | 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation. 2049 at the earliest |
Sound Recordings Published Outside the United States |
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Date of Fixation/Publication | Conditions | Copyright Term in the United States |
Before 1923 | None | 1 January 2022 |
1923 to 1946 | None | 100 years from publication |
1947 to 1956 | None | 110 years from publication |
1957 to 14 Feb 1972 | None | 15 Feb. 2067 |
15 Feb 1972 to 1 March 1989 | In the public domain in its home country as of 1 Jan. 1996 or there was US publication within 30 days of the foreign publication (but see special cases) | Subject to state common law protection. Enters the public domain on 15 Feb. 2067 |
15 Feb. 1972 to 1978 | Not in the public domain in its home country as of 1 Jan. 1996. At least one author of the work was not a US citizen or was living abroad, and there was no US publication within 30 days of the foreign publication (but see special cases) | 95 years from date of publication. 2068 at the earliest |
1978 to 1 March 1989 | Not in the public domain in its home country as of 1 Jan. 1996. At least one author of the work was not a US citizen or was living abroad, and there was no US publication within 30 days of the foreign publication (but see special cases) | 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation |
After 1 March 1989 | None | 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation |
Special Cases |
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Fixed at any time | Created by a resident of Eritrea, Ethiopia, Iran, Iraq, Marshall Islands, San Marino, or Timor-Leste and published in one of these countries. Works from Nauru, Palau, Somalia, or South Sudan may also be included.13 | Not protected by US federal copyright law because they are not party to international copyright agreements |
Fixed prior to 1996 | Works whose copyright was once owned or administered by the Alien Property Custodian, and whose copyright, if restored, would as of 1 January 1996 be owned by a government14 | Not protected by US federal copyright law |
Fixed at any time | If fixed or solely published in one of the following countries, the 1 January 1996 date given above is replaced by the date of the country's membership in the Berne Convention or the World Trade Organization, whichever is earlier: Afghanistan, Algeria, Andorra, Angola, Armenia, Azerbaijan, Belarus, Bhutan, Cambodia, Cape Verde, Cook Islands, Comoros, Equatorial Guinea, Grenada, Haiti, Jersey, Jordan, Kiribati, Democratic People's Republic of Korea, Kuwait, Kyrgyzstan, Laos, Malaysia, Micronesia, Mongolia, Montenegro, Nauru, Nepal, Niue, Oman, Panama, Papua New Guinea, Qatar, Samoa, San Marino, São Tomé and Príncipe, Saudi Arabia, Solomon Islands, Sudan, Syria, Taiwan, Tajikistan, Tonga, Turkmenistan, Tuvalu, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, Yemen |
(Note: Architectural plans and drawings may also be protected as textual/graphics works)
Date of Design | Date of Construction | Copyright Status |
Prior to 1 Dec. 1990 | Not constructed by 31 Dec. 2002 | Protected only as plans or drawings |
Prior to 1 Dec. 1990 | Constructed by 1 Dec. 1990 | Protected only as plans or drawings |
Prior to 1 Dec. 1990 | Constructed between 30 Nov. 1990 and 31 Dec. 2002 | Building is protected for 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation17 |
From 1 Dec. 1990 | Immaterial | Building is protected for 70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation17 |
1 January 2019 marked two important changes to the copyright duration chart. First, for the first time in 20 years, published works entered the public domain. 1923 finally arrived, and the cut-off date for the public domain has started to shift. Second, the enactment of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act in 2018 radically changed the calculus for pre-1972 published sound recordings. Both of these changes are reflected in the chart.
© 2004-2023 Peter B. Hirtle. Last updated 2 August, 2023. Use of this chart is governed by the Creative Commons Attribution 4.0 License. Comments and corrections are welcome, and may be sent to copyright@cornell.edu. Thanks to all those who have suggested improvements. Special thanks to Matthew Kopel for maintaining this document.
Information contained on this website is educational in nature and is not to be construed as legal advice.
This guide was originally designed by Cornell University under Creative Commons Attribution 4.0 International License.