Copyright & Public Domain: What You Can Legally Use for Free
6 min read · Updated June 2026
Using copyrighted material without permission can result in takedowns, lawsuits, and statutory damages up to $150,000 per work. Understanding what's in the public domain — and what isn't — is essential for every creator.
What Is the Public Domain?
Works in the public domain are not protected by copyright and can be used by anyone for any purpose, including commercial use, without permission or payment.
Works enter the public domain when:
- Copyright expires — the most common way
- Creator dedicates the work — using CC0 or similar tools
- It's a US government work — most federal works are public domain by law
- Copyright was never obtained — works published before 1989 without a copyright notice
When Does Copyright Expire?
For works published in the United States:
| Publication Date | Copyright Term | Public Domain After |
|---|---|---|
| Before 1929 | Expired | Already public domain |
| 1929–1963 (with renewal) | 95 years from publication | 2025–2059 |
| 1929–1963 (without renewal) | 28 years | Already public domain |
| 1964–1977 | 95 years from publication | 2060–2073 |
| 1978–present (individual) | Life + 70 years | Varies |
| 1978–present (corporate) | 95 years from publication or 120 from creation | Varies |
Each January 1, works published 95 years earlier enter the public domain. In 2026, works from 1930 became public domain.
Creative Commons Licenses Explained
Not all free-to-use works are public domain. Creative Commons licenses allow creators to share their work with specific conditions:
- CC0: No rights reserved — effectively public domain
- CC BY: Free to use, must give credit
- CC BY-SA: Free to use, must give credit, derivatives must use same license
- CC BY-NC: Free to use non-commercially, must give credit
- CC BY-ND: Free to use, must give credit, no derivatives allowed
- CC BY-NC-ND: Most restrictive — non-commercial, no derivatives, credit required
Check Before You Use
Always verify the license of any work before using it. When in doubt, assume it's copyrighted. Use our Copyright Checker to look up publication dates and renewal status.
Fair Use: The 4-Factor Test
Fair use allows limited use of copyrighted material without permission. Courts consider four factors:
- Purpose — Is it transformative? (commentary, criticism, education, parody)
- Nature — Is the original work factual or creative? (factual favors fair use)
- Amount — How much did you use? (less favors fair use)
- Market effect — Does your use replace the original in the market?
Fair use is a defense, not a right — it's decided by courts on a case-by-case basis.
Common Myths
- "I found it on Google, so it's free." — No. Google indexes copyrighted images. The source doesn't determine the rights.
- "I gave credit, so it's fine." — No. Credit doesn't replace permission (except for CC BY).
- "It's old, so it's public domain." — Not necessarily. Copyright lasts 70+ years after the creator's death.
- "I only used 10 seconds of the song." — No bright-line rule exists. Even short clips can infringe.
Where to Find Public Domain & Free-to-Use Content
- Images: Unsplash (custom license), Pexels (custom license), Wikimedia Commons, Smithsonian Open Access
- Music: Musopen (classical), Free Music Archive, Pixabay Music
- Books: Project Gutenberg (70,000+ public domain books), Internet Archive
- Video: Pexels Video, Coverr, NASA Video Gallery
The Bottom Line
- Works published before 1929 are in the public domain in the US
- Each January 1, works from 95 years earlier become public domain
- Creative Commons licenses are not all the same — check the specific terms
- Fair use is a legal defense, not a guaranteed right
- When in doubt, assume it's copyrighted and get permission