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Copyright Exceptions

The copyright statute codifies the following four factors in weighing whether or not the use of a copyrighted work is a fair use:

  • the purpose and character of the use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion used
  • the effect of the use on the market for the original

There are four common ways that works arrive in the public domain:

  • the copyright has expired
  • the copyright owner failed to follow copyright renewal rules
  • the copyright owner deliberately places it in the public domain, known as “dedication,” or
  • copyright law does not protect this type of work.

Copyright has expired for all works published in the United States before 1923. In other words, if the work was published in the U.S. before January 1, 1923, you are free to use it in the U.S. without permission.

Creative Commons helps creators legally share their knowledge and creativity to build a more equitable, accessible, and innovative world. See infographic below.