Legal Definitions - public domain

The public domain refers to the status of creative works that are no longer protected by intellectual property rights, such as copyright, trademark, or patent. When a work enters the public domain, it means that it is owned by the general public rather than a private individual or entity. As a result, anyone is free to use, copy, perform, adapt, or distribute these works without needing permission from the original creator or their heirs, and without paying royalties.

Works typically enter the public domain in several ways:

• The intellectual property protection (like copyright) expires after a certain period.
• The owner of the work deliberately chooses to place it in the public domain.
• The work was never eligible for protection under intellectual property laws (e.g., certain government documents).

It's important to note that while the original work may be in the public domain, new creative additions or transformations based on that work can sometimes be protected by a new copyright. However, this new copyright only applies to the original, transformative elements, not to the underlying public domain material itself.

Here are some examples to illustrate the concept of the public domain:

• Example 1: Classical Music Compositions

  Consider the musical compositions of Wolfgang Amadeus Mozart, such as his opera The Marriage of Figaro. Mozart died in 1791, meaning his works have been in the public domain for centuries. This allows any orchestra, opera company, or individual musician to perform, record, or publish the sheet music for The Marriage of Figaro without needing to obtain a license or pay royalties to Mozart's estate. While a specific modern recording of the opera might have its own copyright (protecting that particular performance), the underlying musical composition itself remains freely available for anyone to use.

• Example 2: U.S. Federal Government Publications

  Reports and images produced by agencies of the United States federal government, such as scientific studies published by the National Institutes of Health (NIH) or photographs taken by the National Park Service, are generally considered to be in the public domain from their creation. This means that an educator can freely use these images in a classroom presentation, a journalist can quote extensively from these reports in an article, or a publisher can include them in a book without seeking permission or worrying about copyright infringement. This is because U.S. federal government works are typically not eligible for copyright protection.

• Example 3: Early Photography

  Many iconic photographs from the 19th century, such as those taken during the American Civil War by Mathew Brady, are now in the public domain. The copyright protection for these images expired many decades ago, long after the photographer's death. As a result, historians, documentary filmmakers, or even artists can freely reproduce, display, or incorporate these historical photographs into new works without needing permission or paying fees. For instance, a book on Civil War history can feature Brady's photographs prominently without any copyright concerns regarding the original images.