What published works are not copyrighted depends on their authorship, originality, publication history, and copyright term. The main categories include public domain works, federal government works, and materials copyright law never protects.

Flat illustration of an open book with an open padlock above it, representing published works not protected by copyright

Key Takeaways

  • As of 2026, works published in the United States before 1931 are generally in the public domain because their copyright terms have expired.
  • Works created by U.S. federal employees as part of their official duties generally are not protected by U.S. copyright.
  • Copyright does not protect facts, ideas, systems, methods, titles, names, short phrases, blank forms, or common reference information.
  • A creator may dedicate a work to the public domain, including through a tool such as CC0.
  • Some older works entered the public domain because their owners failed to meet notice or renewal requirements that applied at the time.
  • Fair use, royalty-free licensing, Creative Commons licensing, and public domain status are different legal concepts.

What Published Works Are Not Copyrighted?

The following types of published works may be used without obtaining permission under U.S. copyright law, although other rights or restrictions can still apply:

  1. Works with expired copyrights: As of January 1, 2026, works published in the United States before 1931 are generally in the public domain. This cutoff advances by one year each January under the 95-year framework applicable to many older published works.
  2. U.S. federal government works: A work prepared by a federal officer or employee as part of that person's official duties generally receives no U.S. copyright protection.
  3. Works dedicated to the public domain: A copyright owner may waive rights and release a work for unrestricted public use, including through a CC0 dedication.
  4. Unprotectable subject matter: Copyright does not cover facts, ideas, procedures, systems, methods, principles, discoveries, names, titles, short phrases, or purely functional information.
  5. Common or minimally creative materials: Standard calendars, height and weight charts, rulers, ingredient lists, blank forms, and similar materials may lack the originality required for copyright.
  6. Certain older works affected by formalities: Some works published before modern copyright rules took effect entered the public domain because they lacked a required copyright notice or were not renewed when renewal was necessary.

Publication by itself does not make a work unprotected. A personal publication, including a book, article, photograph, or online post, can receive copyright protection when it contains original expression fixed in a tangible medium. On a multiple-choice question asking which listed work can be copyrighted, a qualifying personal publication is therefore different from facts, federal government works, or official legal materials.

What Copyright Protects and What It Leaves Free

Copyright protects original works of authorship fixed in a tangible form. Protected categories include literary works, music and lyrics, dramatic works, choreography, photographs, graphics, sculptures, films, audiovisual works, sound recordings, and architectural works. Protection can apply to both published and unpublished material.

A work is fixed when it has been written, recorded, saved, photographed, filmed, or otherwise captured in a form that can be perceived or reproduced. An unrecorded improvisation or speech may not satisfy that requirement. Once qualifying expression is fixed, copyright generally arises automatically. Registration and a copyright notice are not required to create copyright protection for a modern U.S. work.

The copyright owner generally controls copying, distribution, public display, public performance, and the creation of derivative works. Copyright infringement can occur when another person exercises one of those rights without permission or a valid legal basis.

Copyright protects expression rather than the underlying information. You may use a historical fact, scientific principle, business idea, or cooking method, but you may not copy someone else's creative wording, illustrations, photographs, or arrangement without authorization. A recipe's ingredient list and basic directions may be unprotected, while creative descriptions, photographs, and other expressive portions of a cookbook may qualify for protection.

The phrase all rights reserved communicates that the owner is not granting general permission to use the work. Its presence does not create copyright, and its absence does not establish that a work is in the public domain.

Public Domain Works and the 95-Year Publication Rule

The public domain consists of works to which no exclusive copyright rights apply. A work may be in the public domain because its copyright expired, copyright never applied, the owner dedicated it to the public, or the owner failed to satisfy formal requirements that governed an older publication.

For works first published in the United States, the publication year provides a useful starting point. As of January 1, 2026, works published before 1931 are generally in the U.S. public domain. The cutoff changes annually. In 2027, for example, the next publication year reaches the end of the applicable 95-year period. Do not rely on an article that uses an older static cutoff.

Publication dates from 1931 forward require more research. For works published from 1931 through 1963, notice and renewal records may affect the result. Works from 1964 through 1977 generally follow a 95-year term when published with the required notice. Different rules apply to works created or published later, unpublished works, foreign works, and sound recordings.

Famous public domain material includes Shakespeare's plays and Beethoven's musical compositions. However, a modern edition, translation, arrangement, recording, or annotation may contain its own protected expression. The original composition may be free to use while a recent orchestra's recording remains protected.

Copyright status is territorial. A work that is in the public domain in the United States may remain protected elsewhere. If you plan to publish or sell internationally, check the law in each relevant country rather than assuming that U.S. status controls worldwide.

What Is Not Protected by Copyright?

Copyright law excludes several categories even when someone includes them in a published work. The principal exclusions are:

  • Ideas and concepts: Copyright protects the author's particular explanation or illustration, not the idea being explained.
  • Facts and discoveries: No author can own a historical event, measurement, scientific fact, or other discovered information. An original selection or presentation of facts may still qualify for protection.
  • Processes and methods: Procedures, systems, formulas, methods of operation, and basic instructions are outside copyright's scope, although their written descriptions may be protected.
  • Names, titles, and short phrases: Book titles, personal names, band names, slogans, and brief expressions generally lack enough authorship for copyright.
  • Familiar symbols and basic designs: Common symbols, ordinary lettering, and simple variations in typography or color generally do not qualify on their own.
  • Blank forms: Forms designed only to record information may lack protectable authorship. Creative instructions, graphics, or text added to a form can present a separate issue.
  • Common reference information: Standard calendars, multiplication tables, conversion charts, and height and weight charts generally consist of common facts or arrangements.
  • Useful or functional features: Copyright does not protect an item's utilitarian function. Separately identifiable artistic features may require an individual analysis.

These exclusions do not necessarily make every surrounding element free to copy. A published calendar may contain protected photographs. A form may include original explanatory text. A factual database may use a creative selection or arrangement. Separate the unprotected information from the author's creative contribution before reusing the material.

U.S. Government Works and Public Records

A work prepared by an officer or employee of the U.S. government as part of that person's official duties generally is not eligible for U.S. copyright protection. Examples can include federal statutes, federal judicial opinions, agency reports, census materials, official speeches, and federal press releases.

Do not assume that every item appearing on a federal website is free to use. An agency may display photographs, maps, reports, logos, or other material created by contractors, grantees, private organizations, or state governments. That third-party material may remain copyrighted. Review the page's credits, source notes, and usage statement before copying it.

State and local government materials require separate analysis. The rule that bars copyright protection for U.S. government works applies specifically to the federal government. Rules for state and municipal publications can differ, although official laws and judicial opinions raise distinct public-access principles. Check the issuing body's current instructions when the status is unclear.

Government logos, seals, agency names, and identifiers may also be subject to laws other than copyright. Public domain status does not automatically authorize a use that falsely suggests government approval, sponsorship, or affiliation.

The creator's position alone is not enough. A federal employee may own copyright in a personal work created outside official duties, while a report created as part of the employee's job will generally be a U.S. government work. Identify who created the material, in what role, and whether the work was produced within official responsibilities.

Public Domain vs. Fair Use and Creative Commons

Free access does not always mean that a work is free of copyright. The legal basis for using the material determines what you may do and which conditions you must follow.

Term What It Means Permission or Conditions
Public domain No exclusive copyright applies to the underlying work in the relevant jurisdiction. Copyright permission is not required, but trademarks, privacy rights, contracts, and other laws may still matter.
Fair use A limitation on copyright that can permit certain uses of protected works. The result depends on the facts, including purpose, nature, amount used, and market effect. It is not the same as public domain status.
Royalty-free A licensing model that may eliminate recurring royalties after the user satisfies the license terms. The work remains copyrighted. Limits may apply to resale, attribution, audience size, modification, or particular products.
Creative Commons A set of standardized licenses through which an owner grants specified permissions. You must follow the selected license, such as attribution or noncommercial conditions. CC0 is designed as a public domain dedication rather than a typical conditional license.

Permission can also come through a direct license from the copyright owner. Read the actual terms instead of relying on labels such as free, stock, open, or available online. A free download may allow personal use but prohibit commercial distribution. Fair use may support a limited quotation but not republication of an entire work.

How to Check Whether a Work Is Copyrighted

Use a documented clearance process before reproducing, adapting, selling, or distributing someone else's material. The following steps can help:

  1. Identify the exact work and version. Record the title, author, publisher, edition, publication country, and publication date. A translation, recording, or revised edition can have a different status from the underlying work.
  2. Check the publication year. For a work first published in the United States before 1931, public domain status is generally straightforward as of 2026. Later works require a closer review.
  3. Determine who created it. Confirm whether the author was a private person, company, federal employee acting within official duties, contractor, or foreign creator.
  4. Review notices and credits. A modern work does not need a notice for protection, but notices can identify the owner and date. For some older works, the presence or absence of notice may affect status.
  5. Search copyright records. Use the U.S. Copyright Office public records to look for registrations, assignments, and related ownership information. Older renewal records may require additional research.
  6. Read the license. If the work uses Creative Commons, CC0, royalty-free, or another licensing label, verify the exact version and comply with every condition.
  7. Check other countries. If publication or sales will occur outside the United States, confirm status under the laws of those jurisdictions.

Keep screenshots, copies of notices, record-search results, licenses, and publication information. These materials can show what you reviewed and help you reassess the work if new ownership information appears.

If you are preparing to publish or sell material based on a claimed public domain work, an intellectual property lawyer can review the copyright chain, edition history, licenses, and remaining trademark or contract risks. You can post your legal need on UpCounsel's marketplace to compare qualified attorneys, and responses typically arrive within a day.

Common Public Domain Traps Before You Publish

A public domain source can contain or appear alongside newer protected material. Clear each component of your project rather than treating the entire package as unrestricted.

  • New editions and annotations: An old book may be public domain, but a publisher's new introduction, footnotes, illustrations, or editorial additions may be protected.
  • Translations: The original foreign-language text may be in the public domain while a modern translation remains copyrighted. Use a public domain translation or create a new one.
  • Musical arrangements and recordings: A classical composition and a modern arrangement are separate works. The recorded performance can also carry rights independent of the composition.
  • Photographs of artwork: A painting may be in the public domain, but the museum's digital file, photograph, access terms, or accompanying text may present separate questions. Review the source's usage information before downloading and republishing the image.
  • Collections and databases: Individual facts or public domain items may be free to use, while an original selection or arrangement may receive protection. Extracting the underlying information is not always the same as copying the collection's presentation.
  • Trademarks: Copyright expiration does not necessarily end trademark rights in names, logos, or source-identifying characters. Avoid uses likely to imply sponsorship or confuse consumers.
  • Privacy and publicity rights: A public domain photograph may still depict an identifiable person. Commercial use can raise rights unrelated to copyright.
  • Website terms: A website may impose contractual restrictions on downloading, scraping, or commercial use even when it hosts public domain material.

When possible, obtain the material from a reliable source that identifies its provenance and rights status. The Library of Congress provides collection information and rights notes for many items, but you should still read the statement attached to the specific work.

Frequently Asked Questions

What kind of works are not protected by copyright?

Works lacking original, fixed expression are not protected by copyright. Five common examples are unrecorded performances, raw data, mathematical principles, ordinary geometric shapes, and purely mechanical specifications. A publication containing one of these elements may still protect original text, artwork, or organization added by its author.

Can you give me 10 examples of copyrighted works?

Ten common examples are novels, poems, song compositions, song lyrics, dramatic scripts, paintings, photographs, sculptures, films, and architectural plans. Each must contain sufficient original expression and be fixed in a tangible medium. Copyright covers the creator's expression, not every fact, technique, theme, or idea appearing in the work.

What books do not have copyright?

Books whose copyrights have expired or never applied do not have enforceable copyright in their underlying text. Works by authors such as Jane Austen, Lewis Carroll, and Edgar Allan Poe provide familiar examples. Confirm the specific edition because modern introductions, cover art, annotations, formatting, and translations may have separate protection.

Does an all rights reserved notice prove that a work is copyrighted?

No, an all rights reserved notice does not conclusively prove copyright ownership or validity. It signals that the person claiming rights has not offered general permission. You should still identify the author, creation date, publication history, and any transfers because a notice can be outdated, inaccurate, or attached to a work containing public domain material.

Does finding a work online make it free to use?

No, online availability does not make a work free to use. Search engines, social networks, archives, and file-sharing sites can display copyrighted material without transferring reuse rights. Look for a clear license or public domain statement, verify that the uploader had authority to provide it, and save evidence of the permission you rely on.

Can copyright protect a social media post?

Yes, a social media post can receive copyright protection if it contains original expression, such as creative writing, artwork, video, or photography. A routine status update, familiar phrase, or bare statement of fact may not qualify. The platform's terms can grant it certain permissions without necessarily transferring the creator's underlying copyright.