The Sweet, Sweet Public Domain
“What is the public domain?” You ask, “And why is it so important?”"The best thing about copyright is that it expires." - Peter Hirtle, Senior Policy Advisor, Cornell University Library
A work enters the public domain when the copyright term for the work expires, or the work is otherwise designated by the author(s) as a part of the public domain (with a CCO license, for instance). The drafters of the US Constitution understood that copyright must have an end date in order for societies to thrive and create new works from those created by past (often deceased) authors. Thus, Article I of the Constitution provides that Congress shall have the power
For works published in the United States in 1923: this time has come. In that age, copyright law protected works for a set 95 years after the date of publication.“To promote the progress of science . . . by securing for limited times to authors . . . the exclusive right to their respective writings . . .”
As of January 1, 2019, therefore, all work published in the United States in 1923 will enter the public domain.
So, what kinds of works are we talking about anyways?
All kinds! Hundreds of thousands of works of music, movies, literature, art—anything that was published in 1923, including such works as “The Ego and the Id” by Sigmund Freud and musical classics like “Yes! We Have No Bananas.”
What can you do with a work that is in the public domain?
Whatever you wish! The work can be remixed, republished, copied, sold, build on, transformed into a derivative work—there are endless possibilities. To consider the opportunities of creative reuse, read Kirby Ferguson’s article Allow Me to Rain on Your Public Domain Parade.
Suggested Reading & Resources
Benson, Sara. "Copyright Reference Guide: Public Domain." University of Illinois Library. Last Modified August 28, 2018. https://guides.library.illinois.edu/copyrightreferenceguide.Brewer, Michael. "Is it Protected by Copyright?" Copyright Advisory Network. 2012. http://librarycopyright.net/resources/digitalslider/index.html.
Hirtle, Peter. "Copyright Term and the Public Domain in the United States." Cornell University Library. Last modified January 2, 2019. https://copyright.cornell.edu/publicdomain​.
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