Is the work in the Public Domain?

Generally, if something was published before 1923, it is in the public domain.

If it was an unpublished work and the author died over 70 years ago, it is in the public domain.
If was written by an anonymous author over 120 years ago, it is in the public domain. Below are some criteria for different
publication years to help you determine whether or not the work you wish to use is in the public domain.

Works created after March 1, 1989 and works created earlier but never published follow the
same guidelines. Works published prior to March 1, 1989 are subject to specific rules.

Works Created After 3/1/1989 and

Works Published Prior to 3/1/1989
Unpublished Works

Author Known or Unknown? When was it published?

Known Anonymous, Before 1923 1923-1977 1978-3/1/1989

author: pseudonymous Death Date
copyright of Author
works &
lasts 70 years unknown: Work is in the Published
corporate Published
after the works: 120 years public domain due without © notice:
from the date without © notice
author’s copyright lasts to expired Work is in the and without
death. Works for 120 years of creation. copyrights. public domain due
Works registration within
from authors from the date to failure to 5 years: Work is in
who died of creation. created over comply with
120 years ago the public domain
over 70 years Works created 1923-1963 required
are in the due to failure to
ago are in the over 120 years formalities. comply with
public public
ago are in the required
domain. domain. Published with
public domain. formalities.
notice but not 1964-1977
renewed: Work is
in public domain Published
due to © Published with without © notice
expiration. notice: © expires 95 and with
years after registration within
Published with publication date. 5 years: © expires
notice and was 70 years after the
renewed: © death of the
expires 95 years author, or (for
after publication corporate works)
date. 95 years after the
publication or 120
years form the date
of creation,
whichever expires
first.

Created after
1977 and published
Governmental Works with notice: ©
expires 70 years
after the author’s
death, or (for
Works prepared by an corporate works)
officer or employee of the 95 years from
US Government as part of publication or 120
that person’s official duties years from date of
are always in the public creation, whichever
domain. expires first

Created before
1978 and 1st
published with
notice: Work will
enter the public
domain after the
term specified
above or
12/31/2049,
whichever is
greater.

1
 Is the work in the Public Domain?

What if the work I want to use was published outside of the US?

Before 1978 After 1/1/1978

Before 1923 1923-1977 1978-2002 1/1/78-3/1/78 2003-Present

Work is Published without Created before Published without Created before

in the compliance of US 1978 and first © notice and is in the 1978 and first
public formalities and is the published in a public domain in its published after
domain, but public domain of the country that is a source country as of 2002 in a country
may be source country as of signatory to the 1/1/96: work is in the that is a signatory
subject to 1/1/96: Work is in the Berne Convention public domain, but it to the Berne
special public domain or other 17 U.S.C. may be subject to Convention or
cases. § 104A(h)(3) treaty: special cases. other 17 U.S.C. §
Published in Work will enter the 104A(h)(3) treaty:
compliance with all US public domain 70 Work will enter
formalities: Work will years after the the public domain
Published without 70 years after the
enter the public domain death of the author
© notice and is not in author’s death, or
95 years after or on 12/31/2047
the public domain of (for corporate
publication date. (whichever is
the source country as work) 95 years
greater)
of 1/1/96: Work will after publication.
Solely published enter the public
abroad without domain 70 years after
compliance with US the author’s death, or Published in a
formalities or (for corporate work) country with
republication in US and 95 years from the date which the US does
is not in the public of publication. not have copyright
domain of the home relations under a
country as of 1/1/96: treaty: work is in
Work will enter the Published with © the public domain.
public domain 95 years notice in a country
after publication date that has copyright
relations with the US
(may be subject to
Published in the US special cases): Work
less than 30 days of will enter the public
foreign publication: See domain 70 years after
US publication chart to the author’s death, or
determine © term. (for corporate
works)95 years after
Published in the US the date of
within than 30 days of publication.
foreign publication,
without compliance of
US formalities, and is
not in the public
domain of home
country as of 1/1/96:
Work will enter the
public domain 95 years
after the publication
date.

*** This chart is intended to be an overview to guide you through determining whether or not the work you wish to use
is in the public domain. This is not intended as legal advice nor an exhaustive list. For example, if the work you are wanting
to use is printed in a language other than English, there may be other criteria to determine whether or not the work is
located in the public domain. The Office of Administration and University Counsel is available for guidance on the use of
copyrighted material.