Public Domain Photographs
I don’t really care about the definition of public domain images, just show me the free public domain photos!
What are public domain photographs?
We understand the term “public domain” when applied to photos to mean that there is no copyright on the photograph. If it’s a photograph or image in the public domain then it is free to be used by anyone for any purpose whether it be for personal or commercial purposes. A public domain photo may become public domain by the artist expressly placing it in the public domain, the copyright expiring or the photo being taken by or for the government. But don’t take our word on the definition of public domain. Other authorities define public domain as follows:
The public domain is an intellectual property designation for the range of content that is not owned or controlled by anyone. These materials are “public property”, and available for anyone to use freely for any purpose. …
en.wikipedia.org/wiki/Public_domain
The feature of intellectual property being not protected under patent or copyright, i.e. no person or other legal entity can establish proprietary interests; Open land such as unowned prairie in the western and southwestern United States. …
en.wiktionary.org/wiki/public_domain
A work in the public domain is free for everyone to use without asking for permission or paying royalties. The phrase “public domain” is a copyright term referring to works that belong to the public.
www.library.ualberta.ca/guides/plagiarism/terminology/index.cfm
The status of publications, products, and processes that are not protected under patent or copyright.
library.thinkquest.org/06aug/02220/glossary/index.html
Art, literature, photographs, or music that is available for use by anyone, without cost, because the material has not been copyrighted or because the copyright has expired
www.mbc.edu/grafton/rpc/glossary.php
The body of literature that is not subject to copyright protection, either because it does not qualify for protection or because the copyright term has lapsed.
www.musiclibraryassoc.org/copyright/Resources/Glossary
Non-copyrighted material which may be used without violating copyright restrictions.
extension.missouri.edu/hes/graphics/graphicterms.htm
Works that are freely available for commercial or public use without restriction – not protected by copyright restrictions.
www.uspto.gov/web/offices/ac/ahrpa/opa/kids/kidantipiracy02.htm
Works which are no longer owned by anyone because the creator has been dead a certain amount of time and, therefore, the work is no longer protected by copyright law.
www.usg.edu/galileo/skills/ollc_glossary.phtml
Public Domain refers to the knowledge that is freely available, commonly shared throughout the world without any access restrictions. In the context of Intellectual Property this term refers to knowledge that is beyond the realm of protection of IP rights.
www.traditionalknowledge.info/glossary.php
What can I do with a public domain photo?
You can do just about anything you want to do with a public domain photo except take credit for creating it. You could take a public domain photo and put it in a picture frame to sell. You could use it in website design or print advertising. You could sell prints of public domain photos. You could decorate your home or office. You could even use a public domain photo to create an iconic logo such as the man walking on the moon, adapted by MTV for their logo. The possibilities for the use of public domain photos are endless, including many uses which could potentially be profitable.
What can’t I do with a public domain photo?
You can’t copyright it or claim to have created it. You can mix and adapt the work and claim a copyright on the new original – ie. MTV man on the moon. You just can’t claim the credit for creating it.
Is there anything else I should know about public domain photos?
Why yes, I’m glad you asked. Public domain photos are important to society because they offer everyone the chance to enjoy and create art without having to pay royalties to the creator of the photograph. If you find a public domain photograph that you would like to use, you should somehow provide credit to the creator of the work. This is not only polite. It gives credit where credit is due. Think good karma.
What about using public domain photos with images of people?
There are other intellectual property rights involved in images, particularly involving private property and a person’s likeness. Photos that have identifiable landmarks or identifiable people may give rise to intellectual property rights superior to that of the public domain photograph. The reason that many royalty free stock photography companies can command higher prices for stock images of people is because the model has signed a model release. If you find a public domain photograph of a person and use it commercially, you potentially open yourself to a lawsuit for invasion of privacy or unauthorized use of their likeness. Same applies to private property. So while public domain photographs can be used commercially, you have to apply some due diligence to each photograph before you place it in commerce.
How can I tell if a photograph is in the public domain?
If the creator of the photograph states that the photo is public domain, you may accept that declaration. You can open a digital image in image manipulation software and check the EXIF data to see if a photo is public domain, ie. I try to include in the EXIF data of every photo I place in the public domain, a statement that it is placed in the public domain. This will not work for every photo but if you see a photo and there is no license or statement of its copyright, you should assume it is protected by copyright. There are also other licence terms such as Creative Commons which allow you to use photographs or images for various purposes – read these licenses carefully to determine exactly what you may do with that image to avoid any copyright infringement.
If I put a photograph in the public domain can I later change my mind?
Sorry, once the cat is out of the bag, so to speak it’s in the public domain. It is an intellectual property right that is relinquished and once it’s declared, it’s public domain.













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