Producer Handbook: Public Domain Material

Public Domain Material
If a work is in the public domain, no clearance or fees are required. It is available for use by the public. Materials where the copyright has expired are in the public domain, as are materials authored by the U.S. Government (make sure that the author is the U.S. Government. Parties funded by the U.S. Government may acquire copyright in works created with such funds and may charge a fee).

It is important to make sure that the entire work is in the public domain. Works derived from the public domain may be protected by copyright. For example, sound recordings of public domain songs may be protected by copyright. Also a film may be public domain but the music in the sound track may be protected by copyright.

Please note that different countries may have varying durations of copyrights. Because of major changes made to copyright law in 1978, there are several different copyright terms in the United  States. You should research thoroughly any material that you believe may be in the public domain.

In 1998, new legislation (“The Sonny Bono Copyright Term Extension Act”) was signed into law changing the duration of the copyright protection afforded creative works. This act extended the period of copyright protection by 20 years, bringing the United States into alignment with the countries of the European Union with regard to copyright duration. As a result, works which were once about to enter the public domain (for example, the first Mickey Mouse short “Steamboat
Willie”) will remain private for another 20 years. As always, be careful when verifying that work is in the public domain.

Listed below are the basic rules of U.S. copyright duration. There are several exceptions to these rules, and they can be quite complicated. For a more detailed look, see Circular 15a, “Duration of Copyright,” which is included at the end of this section and online at copyright.gov/circs.

• Works first published/copyrighted before 1906: Up to two consecutive terms of 28 years each (therefore works published before 1906 are, in 2002, almost always in the public domain).
• Works first published/copyrighted from 1906 through 1977: First term of 28 years. Works not renewed before the expiration fell into the public domain. Works renewed enjoy a second term of 67 years.
• Works created but not published, copyrighted nor in the public domain before January 1, 1978: The copyright term begins January 1, 1978 and generally lasts for the life of the author  plus 70 years. These works remain under copyright until at least 2048.
• Works created January 1, 1978 and after (whether published or unpublished): the duration of the copyright term begins at creation and lasts for the life of the author plus 70 years. Anonymous works (works made under pseudonyms, and works made for hire) have a duration of copyright for a term of 95 years from the year of publication or 120 years from the year of creation, whichever expires first. Works created in 1978 or after will not go into public domain until 2048 at the earliest.