With the new year comes new works into the public domain

Earlier this month a new batch of creative materials passed into the public domain, uncoupling them from the restrictions of copyright law. This annual event, which applies to original works produced in America, offers an important opportunity to better understand the rights of creators and the opportunities that the public domain affords.

The Library of Congress shared the following helpful explanation: “The exclusive rights of copyright owners include the right to use and give permission for others to use the work in many ways — making copies of and distributing the work, creating derivative works, and publicly performing or displaying the work.”

Copyright is a legal category meant to protect an individual’s intellectual property, and it can be traced back to Article I, section 8 of the Constitution. Importantly that clause empowers Congress to promote innovation through “securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” In other words, exclusive rights to a work cannot be guaranteed forever.

This brings us to an occasion now known as Public Domain Day. On the first day of 2025, copyright protections ended for any work published before January 1, 1930. Some of the most noteworthy pieces of Americana that are now more open to creative reinterpretation or critical review include George Gershwin’s musical tale, “An American in Paris”; Mickey Mouse’s first talkie, “The Karnival Kid”; and Edgar Rice Burroughs’s “Tarzan and the Lost Empire.”

A lesser-known classic that may now be easier to find online or be incorporated into new artistic work is “Hallelujah,” a feature film musical about a southern sharecropper living a life pulled between forces of good and evil. It was one of the first motion pictures produced by a major production company to feature an all-Black cast. Reviews of the film and assessments of its value varied greatly then, as they do now, making it a prime example of how increased access could generate new ideas and productive engagement.

While the principles of Fair Use do offer a path for folks to access material for educational purposes, copyright laws can stymie other forms of use. The University of Idaho Library archives contain many works that are newly free from copyright limitations. Published books that are rare but still quite useful might now be easier to digitally reproduce and share, like The Lonsdale Library’s “Trout Fishing from All Angles.”

Works that illustrate Idaho’s history can be copied and incorporated into classroom lessons without fear of violating copyright laws. “The Idaho Citizen: A Textbook in Idaho Civics,” for example, offers a window onto the lives of Idahoans a century ago. Here in Moscow, residents might be interested to know that the first lessons of Psychiana have now passed into the public domain. Frank B. Robinson began publishing his mail-order religious tutorials in 1929.

It is worth noting that materials need to be published in any official way to be protected by copyright laws. Any items set into physical form in 1978 and beyond, like personal letters, notebook doodles and even PowerPoint slides are considered protected intellectual property for the life of the creator plus 70 additional years. Those works published between 1923 and 1977 are subject to copyright for 95 years post-production, though unpublished material has substantially less protection.

As an archivist who often assists researchers with their efforts to obtain and share historic materials, I have learned a good deal about copyright law. There are many intricacies within the Copyright Act of 1976 related U.S. Code and Fair Use, however, and I encourage everyone to seek individual guidance if you have specific questions.

Kersting-Lark is the head of special collections and archives at the University of Idaho libraries.