SUBJECT: Lesson #1 - How Do You Know If A Work Is Public Domain?

{!firstname_fix},

Public Domain is the vast body of material that includes books,
photos, music and information that is available for the public
to use and republish...free.

All of this is normally protected by copyright laws, but
copyright protection is not forever. Intellectual property that
is not covered by copyright laws belongs to the public domain.
Therefore, it is open to everyone who wants to use it. And that
can mean serious financial gain for you.

How Do You Know If a Work is Public Domain?

Copyright laws vary from country to country. In the United
States, there are three general rules that you need to follow to
help you assess potential public domain works. 

RULE #1: Works published in the United States before 1923 are
considered public domain.

This rule is cut and dry. There are no exceptions. If the work
was published, created, or produced prior to 1923, then it is in
the public domain. 

RULE #2: Works created after March 1, 1989, even if not
published, are copyright protected for 70 years after the
author’s death. Works made for hire (corporate authorship) after
March 1, 1989 are copyright protected for 120 years from
creation or 95 years from publication, whichever is sooner.

This rule, of course, means that you do not have to actively
file for copyright notice to come under the protection of the
copyright law. Under this rule, all creative work produced after
March 1, 1989 is automatically covered. 

The phrase “works made for hire” actually refers to publications
issued for and by a corporation so the legal author turns out to
be the employer or corporation. That is why they are sometimes
collectively referred to as “corporate authorship” and may
include anything from newsletters to employee manuals, annual
reports and instructional texts. 

Works made for hire may also cover any situation wherein a
creative professional is paid to produce a work within the scope
of his own employment.

RULE #3: Works published in the United States between 1923 and
March 1, 1989 are also copyright protected, provided the
formalities are observed.

These formalities include notice of copyright, registration,
and/or renewal. Failure to observe these formalities means the
work is in the public domain. On the other hand, if you comply
with the requirements, then your work is under copyright
protection.

So, to summarize, you know that a particular work falls into the
public domain if it comes under any of the following conditions:

• Published before 1923

• Published between 1923 and 1978 without a valid copyright
notice 

• Published between 1978 and March 1, 1989, without a notice and
registration

• Published between 1923 and 1963 with a copyright notice but
author failed to renew it (According to a report, only 7% of
copyrights issued through 1958 were renewed)

However, a work is not public domain if any of the following
conditions apply:

• Published between 1923 and 1963 with a copyright notice,
properly renewed before its expiration for the first 23-year
protection term

• Published between 1963 and March 1, 1989 with a valid
copyright notice

• Published or created any time after March 1, 1989 (Works after
this date are deemed automatically under copyright protection)


Stay tuned for the next email where I'll show you 4 places
online where you can source your public domain content.

To Your Success,
YOUR NAME
YOUR LINK