Omar Bennett
The US Constitution is a foundational document that outlines the country's principles, structures, and governing rules. It includes the Patent and Copyright Clause, which empowers Congress to grant authors and inventors exclusive rights to their works for a limited time. This clause has significant implications for the public domain, which refers to creative works, ideas, and discoveries that are not protected by intellectual property rights and are freely available for public use and derivation. While the US Constitution itself is not subject to copyright laws, understanding its provisions on intellectual property rights is essential for comprehending the legal framework surrounding the public domain in the United States.
| Characteristics | Values |
|---|---|
| Public domain definition | The realm of material—ideas, images, sounds, discoveries, facts, texts—that is unprotected by intellectual property rights and free for all to use or build upon. It includes our collective cultural and scientific heritage, and the raw materials for future expression, research, democratic dialogue and education. |
| Copyright at the federal level in the US began | When the Constitution, proposed in 1787, took effect on March 4, 1789. |
| Copyright term | The initial terms were set by the Copyright Act of 1790 with an initial term of 14 years, and a one-time renewal of 14 years from the date of publication. |
| Works in the public domain | Works created before the Constitution took effect remain in the public domain with respect to federal copyright. Works published without a copyright notice before 1977 are also in the public domain, as are those published before March 1989 if the copyright was not registered within five years of publication, and those published before 1964 if the copyright was not renewed after 28 years. Works from 1923, such as The Murder on the Links by Agatha Christie, entered the public domain in 2019. Works from 1924, such as George Gershwin's Rhapsody in Blue, entered the public domain in 2020. |
| Works not in the public domain | Works created after the ratification of the Constitution can receive copyright. Works by certain independent agencies, corporations, and federal subsidiaries may be considered "government works" and may, therefore, be copyrighted. For example, material produced by the United States Postal Service is typically subject to normal copyright. |
| Public domain and copyright | Public domain material is "free" as in "free speech," not "free beer." It is unprotected by intellectual property rights, free of centralized control as a legal matter, and can be used without permission. However, it may not always be available at little or no cost. |
| Removal of works from the public domain | In the 2012 case Golan v. Holder, the Supreme Court held that Congress may remove works from the public domain without violating the Constitution. Congress can take a work out of the public domain and create a new legal monopoly over it, even if it does not encourage anyone to produce a single new work. |
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What You'll Learn
The US Constitution is in the public domain
The US Constitution, originally compiled on September 17, 1787, took effect on March 4, 1789. At this time, federal copyright law came into being, and creators of works after this date could receive copyright protection. Works created before the Constitution, including the Constitution itself, remain in the public domain with respect to federal copyright.
While the US Constitution is in the public domain, certain derivative works may be subject to copyright. For example, the US government holds the copyright to some works, such as those produced by the United States Postal Service. Additionally, certain logos and emblems of government agencies are protected by laws similar to trademark laws.
It is important to note that while the US Constitution is in the public domain, Congress has the power to remove works from the public domain and create new legal monopolies over them, as seen in the 2012 Supreme Court case Golan v. Holder. However, this decision marked a significant departure from the principle that once works enter the public domain, they remain there and are free for anyone to use.
In conclusion, the US Constitution is in the public domain, and anyone can access and use its text without restriction. However, certain derivative works and government-created materials may be subject to copyright or other protective laws. The public domain status of works can also be changed by Congressional action.
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Works published before 1964 with no copyright renewal
Works published before 1964 without a copyright renewal fall under the public domain. This means that anyone can access and use them freely, as they are not protected by intellectual property rights.
In the United States, federal-level copyright began when the Constitution took effect on March 4, 1789. Works created before the Constitution took effect remain in the public domain concerning federal copyright. The initial terms were set by the Copyright Act of 1790, with an initial term of 14 years and a one-time renewal of 14 years from the date of publication.
Works published before 1964 without copyright renewal are now in the public domain. This includes works published without a copyright notice before 1977 and those published before March 1989 if the copyright was not registered within five years of publication.
Hundreds of American films are in the public domain due to never being copyrighted or having their copyrights expire. These films can be viewed and downloaded online from websites like the Internet Archive. Additionally, several television series released before 1964 without copyright renewal, such as the DuMont Television Network archive, are also in the public domain.
The public domain status of television episodes, however, can be complicated by derivative work considerations and disputes over the legal definition of "publication." For example, while 16 episodes of "The Andy Griffith Show" are in the public domain due to expired copyright, CBS claimed an indirect copyright on these episodes in 2007 by asserting they were derivative works of earlier episodes still under copyright.
The expansion of the public domain since 2019 has resulted in a significant increase in publicly available works on sites like Project Gutenberg, Standard Ebooks, and Wikimedia Commons.
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Works published before 1977 with no copyright notice
The US Constitution is in the public domain. The public domain refers to creative materials that are not protected by intellectual property laws, such as copyright, trademarks, or patents. Works published without a copyright notice before 1977 are in the public domain.
Before 1978, a work published without a copyright notice fell into the public domain. This rule was repealed, and since March 1, 1989, no copyright notice has been required. Works published before 1964 without a copyright notice are in the public domain, as are those published before March 1989 if the copyright was not registered within five years of publication.
The public domain includes our collective cultural and scientific heritage, and the raw materials for future creative works, research, and education. Anyone can access the public domain, but no one acquires ownership rights in once-protected works after the copyright term has expired.
Works published before 1924 are now in the public domain, and each year, new works enter the public domain as their copyright expires. For example, in 2020, George Gershwin's "Rhapsody in Blue" entered the public domain.
Works published before 1977 will enter the public domain on January 1, 2073.
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Works published before 1989 with no copyright registration
The public domain is the realm of material that is not protected by intellectual property rights and is free for all to use or build upon. It includes ideas, images, sounds, discoveries, facts, and texts. In the United States, copyright at the federal level began when the Constitution took effect on March 4, 1789. Works created before the Constitution took effect remain in the public domain with respect to federal copyright.
Works published without a copyright notice before 1977 are in the public domain, as are those published before March 1989 if the copyright was not registered within five years of publication. This is because, until the Berne Convention Implementation Act of 1988, the lack of a proper copyright notice would place an otherwise copyrightable work into the public domain. After March 1, 1989, an author's copyright in a work begins when it is fixed in a tangible form; neither publication nor registration is required, and a lack of a copyright notice does not place the work into the public domain.
Works published before 1964 are also in the public domain if the copyright was not renewed 28 years later. This includes many American live-action films, which are in the public domain because they were never copyrighted or because their copyrights have expired. These films can be viewed and downloaded online from websites such as the Internet Archive.
Sound recordings fixed and published on or after February 15, 1972, and before 1978, which did not carry a proper copyright notice, also entered the public domain on publication. From 1978 to March 1, 1989, the owners of the copyrights had up to five years to remedy this omission without losing the copyright. Since March 1, 1989, no copyright notice has been required for sound recordings.
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Works by US government employees as part of their official duties are in the public domain
The US Constitution, proposed in 1787, took effect on March 4, 1789. Creators of works created after the ratification of the Constitution could receive copyright, while works created before the Constitution took effect remain in the public domain with respect to federal copyright. The initial terms were set by the Copyright Act of 1790, with an initial term of 14 years and a one-time renewal of 14 years from the date of publication.
Works by certain independent agencies, corporations, and federal subsidiaries may not be considered "government works" and may be subject to copyright. For instance, material produced by the United States Postal Service is typically subject to normal copyright laws. However, works of the former United States Post Office Department are in the public domain due to its former position as a cabinet department.
The public domain is the realm of material – ideas, images, sounds, discoveries, facts, texts – that is unprotected by intellectual property rights and free for all to use or build upon. It includes our collective cultural and scientific heritage and the raw materials for future expression, research, democratic dialogue, and education. While anyone has free access to the public domain, no one acquires ownership rights in once-protected works after the copyright term has expired.
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Frequently asked questions
Yes, the US Constitution is in the public domain. Works created before the Constitution took effect on March 4, 1789, remain in the public domain with respect to federal copyright.
The public domain is the realm of material—ideas, images, sounds, discoveries, facts, texts—that is unprotected by intellectual property rights and free for all to use or build upon.
Yes, the US government can hold the copyright to works in the public domain. Works by certain independent agencies, corporations, and federal subsidiaries may be subject to copyright. For example, material produced by the United States Postal Service is subject to normal copyright.
Yes, Congress may remove works from the public domain without violating the Constitution. In the 2012 case Golan v. Holder, the Supreme Court held that Congress could take a work out of the public domain and create a new legal monopoly over it.
