The refers to creative works that are no longer protected by or that were never protected under copyright law. In some legal systems, authors may also make works freely available for use by the public through a declaration or license, although not every country treats this the same way. It is worth stressing that this is different from a work entering the public domain: when a rights holder voluntarily shares a work under a license or public declaration, the work generally remains protected by copyright, and only the specific uses covered by that license or declaration are free.
When a creative work enters the public domain, it means that its copyright protection has expired and the work may generally be used freely without asking for the author authorization or paying a . Public domain works form part of our shared cultural heritage and play an important role in education, research, creativity, and cultural exchange. For visual artists, the public domain is especially important because it allows older artworks to be exhibited, reproduced, reinterpreted, and incorporated into new creative practices with greater legal certainty, since permission from the rights holder is generally no longer required for these uses. Works that are still under copyright can often be reused lawfully too, for example through licensing, and in some countries moral rights—such as the right of attribution or the right to object to distortion—may continue to apply even after a work has entered the public domain.
At the same time, public domain status does not always mean that all legal considerations disappear, as some rights or rules may still apply depending on the country and context.
When Works Enter the Public Domain
Most national laws are influenced by the , which sets a minimum term of protection of the author's life plus 50 years. Many countries have since extended this to 70 years or more after the author's death. The term can also differ for certain types of works. For example, some countries protect photographs or works of applied art for a shorter period. So, if you want to know whether a work is in the public domain, check the law of the country where you plan to use it. A work can be free to use in one country and still protected in another.
Typically, for works created by a single author, the is calculated from the author’s death. For works created by multiple authors, the term usually runs from the death of the last surviving author. For works published anonymously or under a pseudonym, special rules may apply, and the length of protection may change if the author’s identity later becomes known.
Some countries apply different rules depending on when the work was created or published, or depending on the type of work.
In many countries, copyright terms are calculated in full calendar years. As a result, works typically enter the public domain on January 1 of the year following the end of the copyright term, rather than on the exact anniversary of the author’s death.
Although copyright timelines can seem technical, the underlying idea is simple. Copyright law gives creators exclusive rights for a limited time, as a way of encouraging and rewarding creative effort. Once that period ends, the work enters the public domain and can generally be used by everyone.
For visual artists, this means that well known paintings, sculptures, or design works from the twentieth century may still be under copyright in some countries, even if the artist died decades ago. The public domain status of a work must always be assessed in relation to the place where it is being used.
Public Domain is Territorial
A key point to understand is that the public domain status of a work is territorial.
This means that a work may be in the public domain in one country, but still protected by copyright in another. Copyright terms, exceptions, and related rules are defined by national law, even though many countries follow similar international standards.
For visual artists, this is especially relevant in an international and digital environment. An artwork may be freely usable in one place, but the same use—such as online publication, exhibition catalogues, merchandising, or social media—may still raise legal issues elsewhere.
As a result, the public domain status of a work should be assessed in relation to where the work is being used or made available to the public, not only where the artwork was created or where the artist lived. This is particularly important for cross-border exhibitions, online platforms, and global audiences.
For example, imagine a visual artist who died in 1973. In countries applying a copyright term of the author’s life plus fifty years, that artist’s works would generally have entered the public domain on January 1, 2024. In countries applying a longer term, such as life plus seventy years, the same works would typically remain protected until January 1, 2044.
As a result, the same artwork may be freely reusable without permission in some countries, while in others its reproduction, publication, or commercial use may still require authorization. This illustrates that public domain status depends not only on the artist and the date of death, but also on the country where the work is used and the copyright term applied there.
Moral Rights After Copyright Ends
are personal rights that connect an author to their work. They typically include the right to be identified as the author () and the right to object to uses or changes that could harm the work or the author’s reputation (integrity).
Unlike , which control uses such as copying or distribution, moral rights may continue even after the economic rights have expired. In countries where this is the case, moral rights may then be managed by the heirs of the author or other designated persons, even though the work is in .
The scope, duration, and enforceability of moral rights vary widely around the world. In some countries, moral rights may be long lasting or perpetual; in others, they may be limited in time, subject to waivers, or apply only to certain types of works or uses. Because of these differences, moral rights can still affect how a public domain work may be adapted, restored, or publicly presented.
For artists and users, this means that even when a work is in the public domain, it is important to consider whether moral rights may still apply in the country where the work is being used, particularly with respect to attribution and respect for the work’s integrity.
For more information visit our Moral Rights page.
Image credit: Marina113