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What is the Public Domain?

A public domain work is a creative work that is not protected by copyright, which means it’s free for you to use without permission. Works in the public domain are those for which intellectual property rights have expired, have been forfeited, or are inapplicable.

Here are some examples of works in the public domain:

  • Material created by the US Government, such as pictures taken by NASA
  • Materials for which Copyright Protection has lapsed, such as “New Hampshire” by Robert Frost
  • Works released to the public domain when they were created, such as images on Pexels

Determining if a work is in the public domain can be difficult because the terms of copyright protection in the United States have changed over time. The Cornell University Library Copyright Information Center is a useful tool for understanding what works might fall into the public domain.

What is the difference between public domain and open license?

They both grant free access to the materials, but the scope and nature are completely different.

Open licensing does recognize clear ownership of intellectual property and the work is still protected under copyright law, whereas works in the public domain are not protected by copyright law. Therefore, users are required to follow the license requirements when using openly licensed materials.

This infographic illustrates the differences between public domain, open license, and all rights reserved copyright.

Difference between open license, public domain, and all rights reserved copyrightPublic Domain Copyright Ownership Waived. Author gives away rights to the public. It is not mine. I give up my rights as an author. You don’t even have to cite me, although I would appreciate it. Open License Copyright Ownership Retained Author grants rights in advance. It is mine. But I DO allow you to take my material. No need to ask for my permission to use it because it is already granted. Just ensure to make a proper aCribuDon to me. All Rights Reserved Copyright Copyright Ownership Retained It is mine. I do NOT allow you to take this material and repurpose it. You definitely need to ask for my permission to use it. *While the “Public Domain” is the “most open,” the “All Rights Reserved Copyright” is the “most closed.”
“Difference between open license, public domain and all rights reserved copyright” by Boyoung Chae is licensed under CC BY 4.0

License

Icon for the Creative Commons Attribution 4.0 International License

Exploring OER Copyright © by Gabrielle Hernandez is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.