Running head: PUBLIC DOMAIN AND CREATIVE COMMONS MATERIALS 1

Using Public Domain and Creative Commons Materials

Gaylen Brannon
JTC 413
Communications and New Technologies
Colorado State University
December 14, 2013














Running head: PUBLIC DOMAIN AND CREATIVE COMMONS MATERIALS 2
Overview
There is a wealth of information and materials that can be accessed for use, or serve
as a catalyst for the development of other work. This paper will provide a brief and general
overview explaining public domain and what it is in contrast to creative commons and the
legal implication of each.

Materials in the Public Domain
Intellectual properties in the public domain consist of materials such as books,
images, illustrations, audio, and films that are not illegible for copyright protection or
works that have expired or forfeited copyrights.
According to, the website, Public Domain Frequently Asked Questions/Teaching Copyright:
There are three main categories of public domain works:
Works that automatically enter the public domain upon creation, because they are not
copyrightable:
o Titles, names, short phrases and slogans, familiar symbols, numbers
o Ideas and facts (e.g., the date of the Gettysburg Address)
o Processes and systems
o Government works and documents
Works that have been assigned to the public domain by their creators
Works that have entered the public domain because the copyright on them has expired
Examples of public domain materials include: works such as Shakespeare and the
Gettysburg Address. Public domain works can be accessed at:
Smithsonian Institution Public Domain Images
Running head: PUBLIC DOMAIN AND CREATIVE COMMONS MATERIALS 3
New York Times Public Domain Achieves
Project Gutenberg, a collection of public domain electronic books
Librivox, public domain audio books
Prelinger Archives; a vast collection of advertising, educational, industrial, and amateur
films.

Criteria for Public Domain
There are several conditions of which intellectual property becomes public domain:
All works published in the U.S. before 1923
All works published with a copyright notice from 1923 through 1963 without
copyright renewal
All works published without a copyright notice from 1923 through 1977
All works published without a copyright notice from 1978 through March 1, 1989,
and without subsequent registration within 5 years
Congress has passed a series of laws extending the term of copyright. Currently, the
default term is life of the author plus 70 years. That means that most of the copyrighted works
created from the late 1970s to the present may not become public domain during your lifetime.
In general, works published after 1977 will not fall into the public domain until 70 years after the
death of author, or, for corporate works, anonymous works, or works for hire, 95 years from the
date of publication or 120 years from the date of creation, whichever expires first.

The creator of the material can immediately dedicate their work to the public domain
using the Creative Commons Public Domain Dedication (CC0) notation.
Running head: PUBLIC DOMAIN AND CREATIVE COMMONS MATERIALS 4
CC0 is intended for use only by authors or holders of copyright and related or neighboring
rights The Creative Commons Public Domain Dedication (CC0) equates to no rights
reserved. CC0 notation is a one-way street. Once CC0 is applied to the work, the author
cannot change their mind later and re-assert copyrights.

The Public Domain Mark (PDM), on the other hand, can be used by anyone, and is
intended for use with works that are already free of known copyright restrictions
throughout the world. The Public Domain Mark is not a legal instrument; there is no
accompanying legal code or agreement. It should only be used to label a work that is
already free of known copyright restrictions around the world, PDM does not affect the
legal status of the work or the legal rights of the author, the person identifying it or others.
The PDM serves a marking and labeling function only, (Creative Commons, 2013).

Both the materials noted as PDM in the public domain and CC0 require no
permission to copy or use. They can serve as a foundation for new and creative work and
be quoted extensively. There is no obligation to attribute CC0 work to the author although
you can voluntarily do so if requested in the work. In addition, these materials can be
copied, distributed and used on web pages without permission and without paying
royalties. In essence, Public domain status in these cases allows the user unrestricted
access and unlimited creativity! There are no legal implications for using these materials.



Running head: PUBLIC DOMAIN AND CREATIVE COMMONS MATERIALS 5
Creative Common Licenses
According to the non-profit organization Creative Commons:
Creative Commons Licenses help creators retain copyright while allowing others to copy,
distribute, and make some uses of their work, at least non-commercially. The CC License
provides an easy way for creators to define the terms on which others may use their work.
There are six main categories of licenses:

Attribution
CC BY
This license lets others distribute, remix, tweak, and build upon your work, even commercially,
as long as they credit you [the author] for the original creation. This is the most accommodating
of licenses offered. Recommended for maximum dissemination and use of licensed materials.

Attribution-NoDerivs
CC BY-ND
This license allows for redistribution, commercial and non-commercial, as long as it is passed
along unchanged and in whole, with credit to you [the author]

Attribution-ShareAlike
CC BY-SA
This license lets others remix, tweak, and build upon your work even for commercial purposes,
as long as they credit you and license their new creations under the identical terms. This license
is often compared to copyleft free and open source software licenses. All new works based on
Running head: PUBLIC DOMAIN AND CREATIVE COMMONS MATERIALS 6
yours [the author] will carry the same license, so any derivatives will also allow commercial use.
This is the license used by Wikipedia, and is recommended for materials that would benefit from
incorporating content from Wikipedia and similarly licensed projects.

Attribution-NonCommercial-ShareAlike
CC BY-NC-SA
This license lets others remix, tweak, and build upon your [the author] work non-commercially,
as long as they credit you [the author] and license their new creations under the identical terms.

Attribution-NonCommercial
CC BY-NC
This license lets others remix, tweak, and build upon your [the author] work non-commercially,
and although their new works must also acknowledge you [the author] and be non-commercial,
they dont have to license their derivative works on the same terms.

Attribution-NonCommercial-NoDerivs
CC BY-NC-ND
This license is the most restrictive of our six main licenses, only allowing others to download
your works and share them with others as long as they credit you [the author] but they cant
change them in any way or use them commercially, (Creative Commons, 2013).
These licenses serve as a guideline for users of materials with the designated notation.
There is legal code outlining the authors rights and the users responsibilities.

Running head: PUBLIC DOMAIN AND CREATIVE COMMONS MATERIALS 7

Summary
The public domain and creative commons have a plethora of work that can be used
in whole adjusted or augmented. In some cases, such as materials in the Public Domain
(PDM), and Creative Commons Public Domain Dedication (CC0), there are no limitations on
use. However, there are restrictions and limitations for intellectual materials with Creative
Commons Licenses. It is incumbent on the users of these materials to be aware of the
specific guidelines for use and comply with them and noted in the legal code.















Running head: PUBLIC DOMAIN AND CREATIVE COMMONS MATERIALS 8



References

Creative Commons. CC0 FAQ. Retrieved 12/13/2013 from
http://wiki.creativecommons.org/CC0_FAQ#Who_can_use_CC0.3F


Creative Commons. Public domain mark. Retrieved 12/13/2013 from
http://wiki.creativecommons.org/PDM_FAQ


Teaching Copyright. Public domain frequently asked questions. Retrieved 12/13/2013 from
http://www.teachingcopyright.org/handout/public-domain-faq


University of California. Public domain. Retrieved 12/13/2013 from
http://copyright.universityofcalifornia.edu/publicdomain.html


Wikipedia. Public domain mark. Retrieved 12/13/2013 from
http://en.wikipedia.org/wiki/Public_domain