Introduction to the Public Domain

When publishing information online it is important to consider the legal ramifications of the images and objects you utilize.  If you did not take (the photo), paint, draw, or otherwise create an image or work you are using it is important to know if you can legally use it on your website.  But how do you know if you can use something?  How do you know when its okay to post an image online?  First, you have to find out if the image is part of the pubic domain.

The "public domain" basically refers to anything that doesn't have intellectual property rights, which means that anyone can both access and publish it. In the U.S. something becomes part of the "public domain" when, for whatever reason, its intellectual property rights run out.  The time it takes to become part of the public domain varies by item, and you should always do what you can to double check the intellectual property rights that may be associated with an item you wish to use online. Your reference librarian should be able to help you or at least point you in the right direction when determining your right to legally publish an image or object.

In general:

• Anything published before 1923 is part of the public domain.
• Anything published between 1923-1989 without a copyright is also part of the public domain.
• Most items published from 1978 through the present only become part of the public domain 70 years after the death of the author (who is an individual person and not a business entity).
• A work published under corporate authorship, meaning that it was created and/or commissioned for/by an organization and it is registered under that organization, becomes part of the public domain 95 years after the date of publication or 120 years after the date it was created, whichever of the two comes first. 

If the item in question does not fall into these categories then you can always refer to  Cornell's Public Domain Online Reference or to USG's Library's information on the public domain.