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Copyright and Fair Use for Faculty

Background of copyright and fair use for educators, with an emphasis on FAQs for using library and other resources in compliance with copyright law. This site is not legal advice, and the authors are not legal counsel to the university.

What is Public Domain?

A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone.

Works fall into the public domain for three main reasons:

1. The term of copyright for the work has expired;

2. The author or distributor failed to satisfy statutory formalities to protect the copyright or

3. The work is a product of the U.S. Government.

As a general rule, most works enter the public domain because of their age; this includes any work published in the United States before 1923. Another large block of works are in the public domain because they were published before 1964 and copyright was not renewed. (Renewal was a requirement for works published before 1978.) A smaller group of works fell into the public domain because they were published without copyright notice (copyright notice was necessary for works published in the United States before March 1, 1989).

More information is available at:

Copyright Term and the Public Domain in the United States (Cornell Copyright Information Center)

University of Minnesota Libraries

Copyright Slider Tool  (A helpful tool to determine is a work is in the public domain or if it is still protected by copyright)