January 1, 2019 marked the first time in over twenty years that works entered the public domain in the United States. In 1998, an embargo was placed on expanding the public domain due to concerns in the entertainment industry that the contemporaneous copyright term was too short. As previously stated in the VRA “IPR Committee Brief,” “In 1976, the Copyright Act served to make copyright registration automatic (upon ideas being fixed in a medium) and extended the copyright to life plus 50 years. Prior to 1976, copyright protection only existed for 28 years after registration, with the option of a 28 year renewal. As Masnick states, ‘And when that term of copyright [established in 1976: life plus 50 years, for a maximum of 75 years] threatened to expire and move Mickey Mouse into the public domain, Congress rushed to Disney’s rescue and added another 20 years to make the term life plus 70 years’” (1).



Still from Safety Last! Now in the public domain.

Unexpectedly, as January 1, 2019 approached, lobbyists for the entertainment industry did not pursue further legislation that would increase the terms of copyright, stating, “We are not aware of any such efforts, and it’s not something we are pursuing,” according to a spokesman for the Recording Industry Association of America (2). As ArsTechnica points out, however, simply because a work was created in 1923 does not necessarily mean that its unrestricted usage will be permitted; trademark protections will still be in place, and legislation such as the Music Modernization Act can complicate the matter for non-textual objects (3). For more in-depth discussion of facets surrounding the public domain in 2019, see the following sites:



Brief overview of the public domain:

In-depth overview of the public domain:

Fleishman, Glenn. “A Landslide of Classic Art Is About to Enter the Public Domain.” The Atlantic.

History of the public domain and lists of works that entered the public domain in 2019:

“Public Domain Day 2019,” Center for the Study of the Public Domain, Duke Law.

“Class of 2019.” Public Domain Review.

Public domain’s intersection with trademark law:

Amy Lazet, Visual Resources Specialist, College for Creative Studies

Sources: