Finding and Using Public Domain and Openly Licensed Media

Finding images and other content online, and using them legally, can be a daunting task.  Sometimes content users fall into the trap of thinking that since an image or resource is posted online where anyone can access it, then it is free to use. This is not the case.  Online content is still likely to be protected by copyright, and using images you do not own may violate someone’s copyright.  Conversely, sometimes users think that unless they took a picture or created a work themselves, they are not legally able to use it. This guide is meant to help faculty, instructors, and students understand the types of content that are legally available for public use (via the public domain or open licensing) and provide resources on where such content may be located online.

Content that is in the public domain is not protected by copyright laws.  They are works that are owned by the public and may be used freely without needing permission from the creator.  There are a number of ways created content is added to the public domain:

• The copyright for the work has expired. 
  Copyright applies for a limited time.  Generally, a work created today will have copyright protection for the life of the author plus 70 years, but in the past different rules may have been in effect.  This copyright slider tool can help you determine when copyright protections may have ended for a particular work.  Usually (beginning January 1, 2021) works created in the U.S. during or before 1925 are in the public domain.
• The copyright owner has forfeited their ownership rights and placed the work in the public domain.
• The work itself is not eligible for copyright protection. Examples of content that are not protected by copyright are:
  • Facts
  • Works created by the United States Government;
  • Names, short phrases, or familiar symbols

When using content that is in the public domain it is still best practice to reference the work so that others may find it later if necessary.

In addition to using works that are in the public domain, you may also legally use content that has been made openly available by the creator/copyright holder through a license. 

Creative Commons licenses (CC licenses) provide creators with a standardized way to grant copyright permissions to their own works. So instead of having to contact the creator or copyright holder and ask for permission to use an item, these licenses allow copyright holders to communicate with users up front how others may legally use their work.  So unlike content in the public domain, works shared with a CC license are still protected by copyright, but are able to be used within the parameters set by the copyright holder.  There are a number of CC licenses which range from very open (only requiring attribution of the content creator) to more restrictive (re-use of content only with attribution, for non-commercial purposes, and with no derivative works allowed).  The image below shows the different types of Creative Commons licenses with more information being available at the Creative Commons website.

Infographic by adityadipankar

It is important to remember to when using content made available via a CC license to make sure your use does not violate the license terms and that you properly provide attribution for the content. For best practices in providing attribution to CC licensed content please visit this website.