As of 2001, Is This Item in the Public Domain? Version 2.0

By selecting the link below, "Start the Expert System," you are indicating that you fully understand that the results are for informational purposes only and cannot be used to determine whether or not an item is in the public domain.

For more information connect to the Copyright Office at http://lcweb.loc.gov/copyright/

''Publication'' is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication. (17 USC Sec. 101)

A work is ''created'' when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work. (17 USC Sec. 101)

Under current copyright law, in order to determine the copyright status of an item you MUST know whether an author is still living, or if they died more than 70 years ago. The copyright status of an item without this information will be unclear.

According to 17 USC Sec. 401(b), there are three parts to a valid copyright notice:

1. ©, COPYRIGHT, or COPR.
2. Year of first publication.
3. Name of copyright holder.

E.g., © 1996 Raleigh Clayton Muns

The above dates reflect changing copyright law over the years.

Depending on when an item was published, renewal of copyright becomes an issue.

Items published before 1963 have a copyright of 28 years which could be renewed for 47 years. You'll have to do some research via the copyright office to determine if anyone renewed the item.

The United States became a member of the Berne Convention on March 1, 1989. This international treaty (among other things) affected how works with invalid copyright notices are treated.

ANSWERS:

Created, not published, before 1978, author died more than 70 years ago

Possibly in the Public Domain

Copyright for items that have been created, but never published, consists of the life of the author, plus 70 years. However, the earliest ANY item which has been created and not published before 1978 goes into the public domain is 12/31/2002. If the item is published BEFORE 12/31/2002, copyright is automatically extended to 12/31/2047.

Created, not published, after 1978

NOT IN THE PUBLIC DOMAIN!

Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and seventy years after the author's death. (17 USC Sec. 302(a)

Created, not published, before 1978, author alive (or died less than 70 years ago)

NOT IN THE PUBLIC DOMAIN!

Copyright in a work created but never published, consists of the life of the author, plus 70 years. However, the earliest ANY item which has been created and not published before 1978 goes into the public domain is 12/31/2002. If the heretofore unpublished item is published BEFORE 12/31/2002, copyright is automatically extended to 12/31/2047.

Published with proper copyright notice before 1923

IN THE PUBLIC DOMAIN!

If this item really was published before 1923, it's probably in the public domain. Use this expert system as a guideline as to whether something is probably, or probably not, in the public domain.

This result is for informational purposes only and does not indicate the legal copyright status of a work.

Published with proper copyright notice between 1923 and 1963 and renewed

NOT IN THE PUBLIC DOMAIN!

Items published before 1963 have a copyright of 28 years which could be renewed for 47 years. Usually, one must use the services of the United States Copyright Office to see if an item's copyright was renewed. If an item published between 1923 and 1963 did have its copyright renewed it has a 75 year duration of copyright and this is not yet in the public domain (1923 + 75 years = 1998).

Published with proper copyright notice between 1923 and 1963 and NOT renewed

IN THE PUBLIC DOMAIN!

Items published before 1963 have a copyright of 28 years which could be renewed for 47 years. Usually, one must use the services of the United States Copyright Office to see if an item's copyright was renewed. If an item published between 1923 and 1963 did NOT have its copyright renewed it has a 28 year duration of copyright and thus is in the public domain (1963 + 28 years = 1991).

This result is for informational purposes only and does not indicate the legal copyright status of a work.

Published with proper copyright notice from 1964 to the present

NOT IN THE PUBLIC DOMAIN!

Published works copyrighted between January 1, 1964 and December 31, 1977, have their copyright automatically renewed for 47 years and are thus not in the public domain. (17 USC Sec. 304, as amended by Act of June 16, 1992 - Pub. L. No. 102-307, (codified at 17 USC (Supp IV 1992))

Published without proper copyright notice before March 1, 1989

Might be in the Public Domain if notice is missing or defective.

If the copyright notice was omitted or defective on published copies distributed between January 1, 1978 and March 1, 1989, the item may still NOT be in the public domain. If the publisher took prescribed preventive measures, the item may indeed be under copyright.

Defective copyright notice before January 1, 1978 generally put an item in the public domain once it was published.

This result is for informational purposes only and does not indicate the legal copyright status of a work.

Published without proper copyright notice on, or after, March 1, 1989.

NOT IN THE PUBLIC DOMAIN!

Under the Berne Convention which the United States joined on March 1, 1989, once a work is created it is under copyright. Note that publication and proper notice are not required (though affixing proper notice is still strongly recommended for a variety of legal reasons).

Title:		As of 2001, Is This Item in the Public Domain?
Author:		Raleigh C. Muns (fugitive@fugax.com)
Date/Version:	6/18/2001 version 2.0