User:Dcoetzee/Public domain license notes
Based on this chart and other sources, the following classes of works are in the public domain in the United States:
Creator | Created | Published | Conditions | Templates |
---|---|---|---|---|
— | — | Prior to 1923 | {{PD-1923}}, {{PD-US}} | |
U.S. government | — | — | Prepared by an officer or employee of the U.S. government as part of that person's official duties | {{PD-US-Gov}} |
— | — | 1923 - 1977 | No copyright notice | {{PD-US-no notice}} |
— | — | 1978 - March 1, 1989 | No copyright notice, and its copyright was not subsequently registered with the U.S. Copyright Office within 5 years | {{PD-US-1978-89}} |
— | — | 1923 - 1963 | Published with a copyright notice, and its copyright was not renewed | {{PD-US-not renewed}} |
Individual or filed pseudonym | 1977 or earlier | Never | Author dead 70+ years | {{PD-US-unpublished}} |
Individual or filed pseudonym | 1977 or earlier | 2003-present | Author dead 70+ years | {{PD-US-unpublished}} |
Corporation or unfiled pseudonym | 1977 or earlier | Never | Created more than 120 years ago | {{PD-US-unpublished}} |
Corporation or unfiled pseudonym | 1977 or earlier | 2003-present | Created more than 120 years ago | {{PD-US-unpublished}} |
— | — | 1923 - 1977 | Notice is dated more than one year later than the date of first publication | ??? |
— | — | 1978 - March 1, 1989 | Notice is dated more than one year later than the date of first publication , and its copyright was not subsequently registered with the U.S. Copyright Office within 5 years | ??? |
— | — | 1923 - 1977 | Notice does not include a named claimant or does not name actual copyright holder | ??? |
— | — | 1978 - March 1, 1989 | Notice does not include a named claimant or does not name actual copyright holder, and its copyright was not subsequently registered with the U.S. Copyright Office within 5 years | ??? |
— | — | 1909 - 1949 | Registration filed long after publication | ??? |
— | — | 1950 - 1963 | Registered 28+ years after publication, or long after publication but prior to January 1, 1978 | ??? |
— | — | 1950 - 1963 | Registered 28+ years after publication, or long after publication but prior to January 1, 1978 | ??? |
— | — | 1950 - 1977 | Work bears no copyright notice, first registered after January 1, 1978 | ??? |
Notes
[edit]For artworks, "The year date may be omitted on pictorial, graphic or sculptural art (and its accompanying text, if any) where reproduced on greeting cards, postcards, stationery, jewelry, dolls, toys, useful articles." If only a single copy of an artwork was ever made, no notice is required. If a small number of copies are made without notice, and then relatively quickly this is corrected, the copyright can be saved. For works from 1978 to March 1, 1989 they have 5 years to do this.
Foreign works do not become public domain due to "noncompliance with formalities" (never registered in the US, registered but not renewed in the US, no copyright notice, defect in notice). "A work published or exhibited in a source country when it was new may not have been published or exhibited in the United States until years later." Foreign work copyrights are not respected if the work was first published in the US within 30 days of their foreign publication.
If the country was at war with the US, and the source-country copyright is "owned by a government or an instrumentality of a government," and copyright in the work was owned or administered by the Alien Property Custodian, then only its US copyright applies.
Publication without a copyright notice doesn't count if it was done without the authorization of the copyright owner.