What are the Rules For Using Public Domain IP?

Are Public Domain IPs Truly Publicly Available IP?

Numerous famous intellectual properties are available in the public domain, and that number will only grow over time. But are the properties in the public domain truly available for anyone to use at any time? While anyone may use a story, symbol, or technology in the public domain, there are rules for how you can use them.

Before you attempt to use a publicly available IP, talk to the intellectual property attorneys at Emerson Thomson Bennett. We can explain the rules that govern publicly available copyrights and how publicly available patents must be treated differently. This way, your own IP protection isn’t voided or rejected upon application.

Contact our attorneys today so you can schedule a free consultation.

What are the Rules For Using Public Domain IPs?

The rules for publicly available IPs surround the confirmation that the IP is in the public domain and confirmation that you are using the public domain IP. There are no rules about how you can use publicly available trademarks and patents. You just have to be able to confirm that an IP you’re using is publicly available. 

Currently, when you file for copyrights, the United States Copyright Office asks you to identify how you use public domain IP if you do. While you don’t have to, they may reject your copyright claim if you don’t. While you have a copyright from the moment of creation, you don’t receive the record of it, which is why it is crucial to file with the U.S. Copyright Office.

Types of Works Found in the Public Domain

Several different categories of works can fall into the public domain:

• Expired Copyrights: Once the copyright term of a work expires, it automatically enters the public domain. This usually lasts 70 years after the death of the original author. If a work has more than one, then it will be 70 years after the death of the last surviving author.
• Works Dedicated to the Public Domain: Sometimes, creators willingly relinquish their IP rights, dedicating their work to the public domain for public use. It is important to make sure that when someone attempts to do so, they truly own the IP they’re relinquishing.
• U.S. Federal Government Works: Any creative work created by a U.S. federal government employee or officer as part of their official duties is automatically in the public domain from publication.
• Non-Eligible Works: Some works never qualify for copyright protection, such as ideas, methods, and works not fixed in a tangible medium of expression.

Legal Implications of Using Public Domain Works

Using works in the public domain has its advantages as it offers freedom and flexibility. Here are the key points to consider:

• No Permission Required: You can copy, modify, distribute, and perform public domain works without obtaining permission from the original creator.
• No Credit Needed: There’s no legal obligation to credit the author or source, though it’s often seen as a courteous practice to acknowledge the original creator when possible. One day, your work will be in the public domain, so you may want your work recognized.
• Commercial Use: Public domain works can be used freely for commercial purposes, allowing businesses to innovate and create new products or services without legal constraints.

How Can You Ensure That a Work is in the Public Domain?

While the public domain offers significant freedoms, it’s critical to confirm that a work is indeed in the public domain. If a work is not yet in the public domain, you have infringed on protected work and can be held responsible for the damages. Even if an IP joins the public domain soon after you use it, you have still infringed on someone’s IP.

• Verify Expiration Dates: Ensure the copyright has truly expired. Copyright terms vary by type of work.
• Check for Other Protections: Some works might be free from copyright but are still protected under trademark or patent laws.
• Consult Reliable Sources: Use authoritative databases and resources to verify the status of a work.

Contact the IP Attorneys at ETB Law About Publicly Available IP

Understanding the public domain and its rules can empower you to utilize a vast array of creative works without the legal complexities typically associated with intellectual property. By verifying that a work is genuinely in the public domain, you can confidently use these resources to innovate, create, and share—whether for personal enjoyment or commercial gain.For more information on how to do this responsibly and carefully, contact the intellectual property attorneys at Emerson Thomson Bennett.