The Public Domain is a collection of information where intellectual property protection does not apply. When copyright expires, creative works enter the public domain. Facts and government produced documents are not eligible for copyright protection, and therefore automatically enter the public domain. Anything in the public domain may be used by anyone without permission, and without the payment of a license fee.
With the Music Modernization Act of 2018, as of January 1, 2022, sound recordings made before 1923 are now in the public domain. Below is a table of guidelines around when different years of sound recordings will enter the public domain.
Sound Recordings Enter the Public Domain |
||
Before 1923 |
January 1, 2022 |
|
1923-1946 |
Release Year + 95 yrs + 5 yrs |
Ex: 1923 = 1923+95+5 = 2023 |
1947-1956 |
Release Year + 95 yrs + 15 yrs |
Ex: 1947+95+15 = 2057 |
1957 to 2/15/1972 |
February 15, 2067 |
|
After 2/15/1972 |
95 years from release or 120 years |
This table is from https://www.pdinfo.com/ which is a good overview on the topic of public domain!
Copyright Duration
Date of Copyright |
When to Renew? |
Duration of Copyright |
Pre-1923 |
N/A |
Copyright has expired. The work is in the public domain. |
1923-1963 |
During the 28th year after the original copyright was registered |
95 years from the date of the original copyright, only if the protection was renewed in the 28th year. If copyright was not renewed, the work is in the public domain. |
1964-1977 |
Renewal during the 28th year is optional, otherwise renewal is automatic. |
95 years from the date of the original copyright. |
Created before 1978, but not registered |
N/A |
Original author’s life, plus 70 years, OR to December 31, 2002, whichever is longer. |
Anonymous, pseudonymous, and corporate-owned works created after 1977, or created but not registered before 1978 |
N/A |
95 years from the date of publication, or 120 years from the date of creation, whichever is sooner. |
1978-current |
N/A |
Original author’s life, plus 70 years. |
Outside the U.S.
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