Other Ways to Find Out if a Work is in the Public Domain

Still not sure if a particular work is in the public domain?  You may be able to do some research at your local library, or online using a special automated catalog system. In case you still come up empty, you can always search the archives of the U.S. Copyright Office. Of course, you'll have to travel to Washington D.C. first. And if you manage to make the trip, be prepared to go through several catalogs, records, and documents. Also, bring some extra cash: certain records can only be viewed by the public for a fee.

And if you don’t mind paying (yes, another fee) for some top-notch service, have the experts at the Copyright Office do your research. They know where to look and what to look for. And afterwards, you'll receive a complete search report.

Using Public Domain Material

You should keep in mind that a particular adaptation or translation of a public domain work may be protected by copyright. For example, you're free to use the original Herman Melville's 19th century classic, Moby Dick, because it's clearly in the public domain. But you couldn't use rewritten text from a 2004 children's edition of Mr. Melville's masterpiece unless you first receive permission from the new author.

Avoid potential legal problems by using the author's original work, or a version that's also in the public domain. Using public domain works can save you time and money. But make sure a work is actually in the public domain before you use it. And if you're in doubt, a search may have to be done, by either you or the Copyright Office. But it's usually worth the effort to avoid possible litigation.