Creating Work for the Public Domain

Creative works that are in the public domain are available for anyone to use. Learn how works can become public domain and how you can contribute your own works.

Find out more about Copyrights

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creating work for the public domain

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Updated on: February 8, 2023
Read time: 3 min

If you create a work, you own the copyright for it. Any work you create in a fixed manner, such as a book, song, movie, or computer software, is copyrighted by its creator from the moment it is produced. Not all creative works carry a copyright though. Some are in the public domain, which means no one owns them—and anyone can use them.

Open computer sitting on a desk with the words "public domain" on the screen

Wrks in the public doomain

Copyright is not forever. U.S. copyright law protects a work for the life of the creator plus 70 years. During that time period, the work can be used only if a license is granted or the work is used in a way covered by the fair use doctrine. Once the copyright expires, that work goes into the public domain, where it can be used by anyone.

Other works are automatically in the public domain, such as any work created by the government, including any found on U.S. government websites (usually indicated by .gov in the domain name). Additionally, facts, mathematical formulas, and commonly used words and phrases cannot be copyrighted and so are in the public domain.

Creative Commons

A nonprofit group seeking to reform copyright law, Creative Commons advocates for more work to be made available for public, mostly noncommercial, use. The organization's message is not anti-copyright but instead that there should be more flexibility when it comes to copyright and legal usage.

The Creative Commons website provides language for creators to grant free licenses to anyone who wishes to use their work to further knowledge and creativity. Licenses vary in how strict they are. Some require attribution, while others require attribution and licensing under the same terms as the original. Some do not permit commercial reuse, while others do.

Placing work in the public domain

As the creator of a work, it is your choice whether you want to retain copyright or share your work with others by placing it in the public domain. If you do not plan to market your work or use it to generate income, or if you just enjoy the creative process and want to share your work with others, placing it in the public domain might be right for you.

To place your work in the public domain, Creative Commons suggests creators place a CC0 mark instead of a copyright mark (©) on their work. An alternative is to simply state "this work is dedicated to the public domain" on your work.

Public domain software

Software licensing can be more complicated than other types of copyright licenses. Different types of software licenses allow different types of use.

Some software is open source, also called copyleft licensing, which means it's completely in the public domain. Some software programs have permissive licenses with very minimal restrictions about the how the software can be used. The owners still retain some copyright, so the code is accessible for many types of uses but is not fully in the public domain.

Determining if a work is public domain

There are many, many lists of public domain works you can find simply by using a search engine. If you are trying to determine if a specific work is in the public domain, you should first look at the work itself and check for a copyright symbol. Another option is to find the creator and ask if it is available for use. If you still don't know, you can look the work up on the U.S. Copyright Office database, although this only lists items for which copyright has been registered. (Remember, copyright exists from the moment of creation, and the creator is not required to register it.)

In some situations, it can be difficult to tell if a work is copyrighted or in the public domain. The best practice is to not use it if you can't be sure. If you do use it and it turns out to be copyrighted, you may have committed copyright infringement and may be liable to the copyright owner.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

52 days ago
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I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
53 days ago
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Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
59 days ago
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Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
64 days ago
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Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
108 days ago
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So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
102 days ago
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Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
121 days ago
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Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
148 days ago
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Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
156 days ago
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Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
164 days ago
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Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
319 days ago
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Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
560 days ago
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Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1198 days ago
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Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1304 days ago
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Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1582 days ago
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Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1742 days ago
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LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

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