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Public Domain Basics

Public Domain Basics
I noticed that with the internet these days and the ability to upload digital media, there is also a lot of question as to whether one item is under copyright or not. If you really wanted to know that (as I did), you would spend countless hours skimming through Wikipedia articles (as I did).

I managed to sum it all up fairly short along with a brief description of why that is.

I didn't go into great detail on copyright policies because most of it wasn't really relevant to determining the Public Domain status.

 
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Step 1Copyrights By Date

Prior to 1922

Everything that was registered to the Copyright Office during or before 1922 is in the Public Domain.

The Copyright Act of 1909 granted newly registered Copyrights 28 years of protection. This also included one opportunity to renew the Copyright for another 28 years. This means any work can be Copyrighted for 56 years which means a work registered in 1922 and renewed in 1950 would fall in the Public Domain in 1978.

The Copyright Act of 1992 removed the need to register a renewal, so the Copyright was automatically renewed but only if a work had not already passed into the Public Domain.

Between 1923 and 1963

If a work was registered but never renewed, then it is in the Public Domain.

The Copyright Act of 1992 removed the need to register a renewal which granted all works an automatic renewal. However, if a work had entered the Public Domain prior to 1992 because it had not been renewed, then it was ineligible for an automatic renewal.

Therefore, if a work was registered in 1963 it was protected for 28 years but it needed to be renewed in 1991. If it was not renewed in 1991, then it was in the Public Domain and was not eligible for an automatic renewal.

After 1964

Any work registered during or after 1964 will not enter the Public Domain for another 95 years (at the least).

The Copyright Act of 1976 altered the renewal from 28 years of protection to 47 years, and The Copyright Act of 1992 made renewals automatic (which included works that were not in the Domain yet). So a work from 1964 wouldn't enter the Domain until 2039. But the Copyright Term Extension Act of 1998 changed the Copyright period from 28 years to the duration of the Copyright holder's life.

So don't expect anything after 1964 to hit the Public Domain anytime soon. Unless of course it has never been registered.

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