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Public Domain
In most cases, the information or material you find will be protected by copyright unless it is in the public domain.  Public domain refers to materials which belong to the community at large, are unprotected by copyright or patent, and may be used by anyone. Public domain materials can be freely duplicated or used by anyone, as long as credit is given to the original creator. 

Once someone's work enters the public domain, permission is granted to freely distribute, copy, use, display, or perform that work. 

Generally speaking, a work is in the public domain if: 
 

1. Ownership of copyright has expired and was not renewed.

Items published prior to 1978 have a copyright of 28-75 years. Items published after 1978 have a copyright length of the life of the author plus 50 years. At the expiration of the copyright, the author or owner of the copyright may elect to renew. If the copyright is not renewed, the material becomes part of the public domain. 

Example: William Shakespeare's plays are not copyrighted.
photo of William Shakespeare
William Shakespeare

 
2. It is a federal government publication.

Examples: The Constitution of the United States of America, legislation (laws), and other publications from U.S. Government agencies. 
Constitution

 
3. The author grants permission or waives copyright.

The author may choose to allow a creative work to be freely distributed, copied and (in some cases) modified.

Example: Freeware software - software that may be used for free such as screen savers or simple graphics viewing programs.
 

If you are in doubt as to whether a work is in the public domain, you should seek permission from the original copyright owner.

Note - Public Domain & Misuse of Sources/Plagiarism: Where Public Domain is concerned, don't confuse your right to use the material with your obligation to list the source of the material.

  • Even if the material is in the public domain, credit still needs to be given to the author/creator of the material. If you don’t give credit properly (cite your sources), you could be accused of misuse of sources or plagiarism.

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Adapted with permission from Oasis, San Francisco State University http://oasis.sfsu.edu

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