What is in the public domain?
The public domain refers to materials that are not protected under copyright law. Prior to 1978, a work could fall into the public domain if it was not registered or if it did not have proper notice. After 1978, there was no registration or notice requirement and thus a work would not automatically fall into the public domain. A work may also fall into the public domain if its copyright expires. Under the 1909 Copyright Act, a work received protection for a 28 year period (works between 1964-1977 receive automatic renewal), with an option to renew the work for an additional 28 years (because of the Copyright Extension Act, a work created before 1978 can have protection for 95 years after publication). For works created after 1978, the copyright holder lasts for the life of the author + 70 years (the copyright holder’s heirs retain the intellectual property rights). So, you should not assume a work is in the public domain. You should first check with the Copyright Office.
