The public domain includes creative works and knowledge that are no longer protected by a copyright, trademark, or patent. These works are considered part of the public domain because their legal protections have expired, been forfeited, or waived by the creators. When creative works are no longer under protection, they belong to the general public rather than the original creator. Therefore, these works can be freely copied, performed, or otherwise used by anyone.
As stated on the Stanford University Libraries site, creative works most commonly become public domain in the four following ways:
- The copyright expires,
- Failure to properly renew a copyright,
- The work is placed in the public domain deliberately by the copyright owner, and
- The work was not of a type that can be protected by copyright.
Certain transformative uses of the creative work can result in a new copyright owned by the one who created it. However, it’s important to note that only the transformative aspect of the use can be copyrighted, not the original public domain work itself. For example, all of Shakespeare’s works are in the public domain. While no one could claim a new copyright on any individual play, a new creator could copyright the specific arrangement of a collection of the plays. Furthermore, new works inspired by the original works but with a creative new take, such as the 1999 film “10 Things I Hate About You” based on “The Taming of the Shrew,” can be copyrighted as long as they demonstrate sufficient originality and creativity.
[Last updated in March of 2024 by the Wex Definitions Team]