The Alexandria Archive Institute

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Basics of Public Domain

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A book outlined like a constellation or a neural network for the Data Stories Logo. This sits on the left to signify that the article this image is associated with is related to the Data Literacy Program that also uses this image. Next to the book though (rather than the Data Literacy Program name) are the words "Sourcing Series" in white. Below that it states "Basics of Public Domain" in light blue. This article will be the first content article in the sourcing series focusing on introducing the basics about public domain in the United States.

We’ll introduce the basics of public domain in this article

Welcome back to the Sourcing Series. Today we’re introducing readers to the basics of public domain. Public domain is one property rights status that clearly outlines the possible uses of a material.

In Introduction to Licenses and Copyright, we outlined the legal concepts of licensing, copyright, and fair use. In general, the DLP prefers using, reusing, applying, and sharing materials that come from the public domain, which has its roots in ancient Roman law, or materials licensed through Creative Commons, which we’ll discuss in its own piece. We prefer these designations because both clearly outline their requirements for sharing, reuse, and remixing.

Aspects of public domain began with ancient Roman law that considered certain things “owned” collectively by a group, the public, or specific publics. Currently, public domain is a framework within property rights to describe when copyright expires in the United States. Usually, copyright expires after a length of time.

According to the US copyright office, for works made after 1978 “protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first.” Remember, “author” actually means “owner” or “rightsholder” as indicated by the “works made for hire” part when the creator isn’t the same person as the “owner”.

So copyright can last a while on works published after 1978. It can also be hard to determine if a creation’s copyright has expired, or which version’s copyright has expired. Oh and of course works made before 1978 have different stipulations. To add to the fun, there isn’t a definitive spot to check if something is public domain in the United States. However, there are handy guides to help you figure out if something is in the public domain, such as this one. And sometimes the US Copyright office will post about cool new things entering the public domain.

This is for decoration to highlight the kinds of public domain works we use in the DLP. It has a stone work set of arches with vines and plants growing all over it. There are palm trees in the background and other foliage around the area.

This a cropped public domain image that you’ll see more of in A Glorious Mystery. Because of it’s rights status we don’t need permission to use it nor does it require attribution but, we want folks to know where we got it so check the image credit at the end of this piece! From The New York Public Library / public domain.

Once something enters the public domain, it can legally be used by anyone without restriction. That means you don’t need permission to use, reuse, or alter a specific version of that piece in terms of violating US copyright law. Nor do you need to attribute it. But, just because you don’t need to, doesn’t mean you shouldn’t credit the original owner, creator, or the current steward of that piece.

It’s always good to attribute the work and state where you obtained the materials, even if you don’t need permission to use them. It gives credit to the work put into the works creation or stewardship and for us is a kind of linked data. (We’ll explain more about permission, attribution, and citation and it’s overlap with linked data in future pieces. We’ll even include examples of how to cite public domain materials and data!)

Beyond that, remember that public domain is a legal framework and only one way of understanding ownership. Other governments, communities, and groups may have different approaches to credit, right-to-use, and ownership so make sure to be aware of that before using certain kinds of imagery.

However, waiting for materials to enter the public domain isn’t the only way you can be allowed to use something. People often want to share works they own while they’re alive. This means that although the creator of the work is still alive, the piece could have been copyrighted, or someone who is not the creator owns the copyright and is still alive, that rights holder decided they want people to use their creation. They can do this by renouncing their rights and declaring a piece public domain or through licenses that define appropriate uses with specific stipulations.

In subsequent Sourcing Series segments we’ll summarize Creative Commons (CC) licenses as one way to do this. CC licenses are easy to use and helpful for people creating online materials. They’re also great at outlining the rights needs for creations, making CC licensed stuff great for reuse as well. We use them a lot in our Data Stories! So, check our next Sourcing Series entry to find out more.

Image Credits: The main header image is an adaptation of an Adobe stock image that we use as a logo for the Data Literacy Program with the added title for the series and the specific title of this article. That image is called ” by Paulina F. Przystupa from the DLP / CC BY. The second image is “Old Spanish Mission, New Smyrna, Fla.” by the Detroit Publishing Company from The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Photography Collection from the New York Public Library, Image ID: 67642, and is in the public domain.