Is today’s date after January with U.S. copyright laws applicable after 1, 2015? January 1, 2015. YES [ 2 ] NO or AS OF 01/01/2015, Continue to Was the work first published I DON’T YES IT IS IN THE Question [ 3 ] in the U.S. KNOW PUBLIC DOMAIN before 1923? NO or [ 3 ] AS OF 01/01/2015, Continue to I DON’T Was the work first published YES IT IS IN THE Question [ 4 ] KNOW outside the U.S. before 1923? PUBLIC DOMAIN [ 4 ] AS OF 01/01/2015, Was the work first published IT IS IN THE NO or Continue to in the U.S. between 1923 and PUBLIC DOMAIN I DON’T YES Question [ 5 ] 1963 with a copyright notice, KNOW (Because Author allowed but with no copyright the copyright to expire) renewal? AS OF 01/01/2015, [ 5 ] IT IS IN THE NO or Was the work first published PUBLIC DOMAIN Continue to I DON’T (U.S. or elsewhere) between YES Question [ 6 ] KNOW 1923 and 1977 with no (Because Author failed to comply with copyright copyright notice? laws in effect at the time) [ 6 ] NO or AS OF 01/01/2015, Is it an unpublished, I DON’T YES IT IS IN THE unregistered work and the KNOW PUBLIC DOMAIN author died before 1945? There are about a dozen more specific instances where a work would be considered in the public domain, so you’ll want to consult an attorney about your case-specific copyright question. Otherwise, broadly speaking, the work in question is probably still under copyright, so to use that work, you’ll need to obtain permission or a license.
Is today’s date after January 1, 2015? with U.S. copyright laws applicable after January 1, 2015. YES Continue to Question [ 3 ] NO or I DON’T KNOW [ 2 ] Was the work first published in the U.S. before 1923? YES AS OF 01/01/2015, IT IS IN THE PUBLIC DOMAIN Continue to Question [ 4 ] NO or I DON’T KNOW [ 3 ] Was the work first published outside the U.S. before 1923? YES AS OF 01/01/2015, IT IS IN THE PUBLIC DOMAIN Continue to Question [ 5 ] NO or I DON’T KNOW [ 4 ] Was the work first published in the U.S. between 1923 and 1963 with a copyright notice, but with no copyright renewal? YES AS OF 01/01/2015, IT IS IN THE PUBLIC DOMAIN (Because Author allowed the copyright to expire) Continue to Question [ 6 ] NO or I DON’T KNOW [ 5 ] Was the work first published (U.S. or elsewhere) between 1923 and 1977 with no copyright notice? YES AS OF 01/01/2015, IT IS IN THE PUBLIC DOMAIN (Because Author failed to comply with copyright laws in effect at the time) NO or I DON’T KNOW [ 6 ] Is it an unpublished, unregistered work and the author died before 1945? YES AS OF 01/01/2015, IT IS IN THE PUBLIC DOMAIN There are about a dozen more specific instances where a work would be considered in the public domain, so you’ll want to consult an attorney about your case-specific copyright question. Otherwise, broadly speaking, the work in question is probably still under copyright, so to use that work, you’ll need to obtain permission or a license.
module-2-handout-5-flowchart-for-determining-public-domain-works.docx