How does something enter the public domain?
Despite the expansive reach of copyright, there is still a rich (and growing) public domain full of works that are free from copyright. Works enter the public domain in one of four ways, as discussed below.
The copyright expires
While copyright terms are longer than ever before, they are not infinite. In most countries, the term of an individual’s copyright expires 50 years after their death. In some countries, the term is longer and can be up to 100 years after the author dies. If you want to be reminded of copyright terms around the world, you can review the map in Section 1.3.
The work was never entitled to copyright protection
Copyright covers vast amounts of content created by authors, but certain categories of works fall outside the scope of copyright. For example, works that are purely functional are not copyrightable, like the design of a screw. The Berne Convention identifies additional categories, such as official texts of a legislative, administrative and legal nature.
Further, in some countries, works created by government employees are excluded from copyright protection and are not eligible for copyright. Section 16 of the new Myanmar Copyright Act notes a number of exclusions from copyright protection, including purely functional works, court orders and government regulation, orders and directives, and laws. As we saw in Unit 1, facts and ideas are never copyrightable.
The creator dedicates the work to the public domain before copyright has expired
In most parts of the world, a creator can decide to forego the protections of copyright and dedicate their work to the public domain. Creative Commons has a legal tool called CC0 (‘CC Zero’) Public Domain Dedication that helps authors put their works into the worldwide public domain to the greatest extent possible. You’ll learn more about this tool (and other Creative Commons legal tools) in Unit 3.
The copyright holder failed to comply with formalities to acquire or maintain their copyright
In most countries there are no formal requirements to acquire or renew copyright protection over a work. This was not always the case, however, and many works have entered the public domain over the years because a creator failed to adhere to formalities.
Overview