Imagine that your neighbor leaves his lawn mower in his front yard. Maybe he ran inside to get a drink or maybe he had to go get more gas. In any case, it’s just sitting there.
Would you assume that because he left it in his front yard, it is free for the taking? Would you walk over and take it?
Most people (I hope!) would realize that doing so would be stealing. Yet, many of those same people wouldn’t hesitate to do a similar thing online.
I see (too many!) bloggers suggesting that other bloggers use resources like Google Images to find images to use on their blogs.
But, many of those images are protected by copyright. There is even a notice stating as such, though probably many people don’t bother to read the text–they just grab the image they want.
Here is an easy rule of thumb: If you didn’t make it, you can’t take it.
Just because you find something on the Internet does not mean that it is public domain. Under current copyright law (in the U.S.–check your own laws in other countries) a copyright notice is not even required any more for copyright protection. Registration is also not required, though it is recommended for greater protection, which includes the recovery of legal fees.
So, just because you see something on a web page or in Google Images, doesn’t mean that you can take it and use it for your own purposes.
What Can You Take?
You can use public domain images (and text). But, you have to be careful.
First of all, note that many people don’t realize what public domain is. As I have stated, just because something is on the Internet does not mean that it is public domain.
However, because there are people who mistakenly believe that it is, you will find websites offering free public domain images for you to use. You’ll frequently see notices like, “These images are believed to be in the public domain.” If you don’t know for sure, don’t use it!
A content creator (whether an author, a photographer, an illustrator, etc.) can release a work into the public domain with a statement of such. If you do not see such a statement, assume that the work is protected by copyright. Do not use it unless you obtain permission from the copyright holder!
Some content creators may release their work under a Creative Commons or other license. In many cases, you can probably use that work on your own website. Just be sure to carefully read and follow the terms of the license agreement and make sure that your usage is in compliance with the terms of the license.
What About Expired Copyrights?
In the U.S., works first published in the United States before 1923 are now in the public domain. You are free to use them.
Foreign works published before 1909 are in the public domain, in the U.S. They may still be protected in their countries of origin, so be mindful of this when using such materials on the Internet. It is best to investigate the copyright status of the work in its parent country before using it on the Internet so as not to run afoul of copyrights that may still be in effect.
Also be mindful of the Crown Copyright in Great Britain, where works by the British Crown are protected under a perpetual copyright. This includes such works as the King James Version of the Bible. So, be aware of this, especially if you are planning any commercial website utilizing materials that may still be under such copyright protection.
Works published in the U.S. between 1923 and 1963 whose copyright was not renewed are now in the public domain. However, you will need to carefully research such materials to be sure that the copyright has expired as there is no central database where you can look up a work and check its copyright status. In some cases, it may take a lot of research (and even some legwork!) to determine whether or not something was renewed.
Also, be aware that derivative works of public domain works can be protected by copyright for the new or revised material. So, if someone produces an eBook based on public domain materials, it may be protected by copyright, if they have done substantial work on it to merit new copyright protection. For this reason, it is best to get your hands on the source material (or a trusted source with a copy) rather than to try to utilize someone else’s version.
Government Works
Works created by the Federal Government or federal agencies are generally in the public domain. But, be aware that such works may contain materials provided by contractors that may be protected by copyright.
Be aware that this only applies to works created by the federal government or agencies, and not state or local governments. Works by state or local governments may be protected by copyright.
Trademarks and Rights of Publicity
You should also be aware that trademarks are different from copyrights. For example, seals used by various government divisions and agencies may be protected by trademark or other laws. So, even if you find such a seal on a public domain work, you cannot use the seal, especially (especially!!!) in instances where it may appear that said agency is endorsing your website. That can get you in very big trouble!
Also, be aware of an individual’s right of publicity. Just because a person (actor, actress, historical figure, etc.) may appear in a public domain work does not mean that you can use them to “endorse” your product. People have a “Right of Publicity” that can be passed on to their heirs. This is a state and local right, and not a federal one, so the actual terms may vary from place to place. Generally speaking, you are safe to use people who have been dead for more than 100 years. This is why you’ll see Abraham Lincoln, but not Elvis, selling used cars.
More Info
A good source of information is Stephen Fishman’s book, The Public Domain: How to Find Copyright-Free Writings, Music, Art & More. It also includes worksheets you can use to help you keep track of your public domain materials.
Popularity: 4% [?]