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Public domain · United States

When is a work in the public domain?

Copyright ends eventually, but the date alone does not always settle the question.

U.S. law · Primary sources reviewed: October 31, 2026 (UTC)
In brief

In 2026, many U.S.-published books and other covered works first published in 1930 or earlier have completed their U.S. copyright term. Sound recordings, some foreign works, later adaptations, and other exceptional cases require separate analysis.

What the date tells you

For many U.S.-published literary, dramatic, musical compositions, and visual works first published in 1930 or earlier, the maximum term under the relevant historical rules has ended by 2026. This generalization does not cover every work type: pre-1972 sound recordings have their own statutory timetable under 17 U.S.C. § 1401, and foreign-origin and unpublished works may require additional analysis.

For works created on or after January 1, 1978, the ordinary term is the author's lifetime plus 70 years. Different rules apply to anonymous or pseudonymous works and works made for hire. For older, foreign and unpublished works, additional provisions can apply.

What to check before using a work

  1. Identify the exact work. A novel and a later translation of that novel can have different copyright histories.
  2. Confirm the first publication history. Place and date of publication may matter.
  3. Distinguish the underlying work from later material. New illustrations, introductions, editions, translations and arrangements can carry separate protection.
  4. Consider the type of work and country where it will be used. Sound recordings and non-U.S. works raise different questions; U.S. status is not worldwide status.

A practical example

A U.S. book first published in 1930 is now generally available for reuse under U.S. copyright law. That does not automatically make every modern cover illustration, translation, audiobook performance, or newly added introduction free to copy.

Do not rely solely on an online “public domain” label. Find a traceable publication record and check which version you actually intend to reproduce.

Sources and further reading

Consult the original sources linked above. This guidance may be updated as further evidence is verified.

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