Public domain explained

Short answer: a work is in the public domain when nobody owns the copyright anymore. That happens when the protection runs out (in Europe and the US usually 70 years after the maker died) or when the maker gives up their rights with CC0. Public domain works are free for everyone, for any purpose, without credit.

Three ways a work becomes free

1. The term has expired. Every copyright ends at some point. From then on, anyone may use, copy, sell and change the work.
2. The maker gave it away. With a CC0 dedication or a similar statement, a maker gives up their rights as far as the law allows.
3. It was never protected. Facts, ideas and some government documents (for example work by the US federal government) are not protected in the first place.

How long protection lasts in Europe

The European Union uses the same terms in every member state, based on the Term Directive:

• Music (composition), photos, art, texts, fonts: life of the maker plus 70 years. The clock starts on 1 January of the year after the maker died. A composer who died in 1955 became free on 1 January 2026.
• Songs with lyrics by several writers: 70 years after the death of the last surviving writer, whether they wrote the music or the words.
• Films: 70 years after the death of the last of the director, screenwriter, dialogue writer and film composer.
• Recordings: 70 years after the recording was released (for performers and labels).
• Unknown makers: 70 years after the work was first made public.

Some countries also protect simple photos that are not creative enough for full copyright, for a shorter time. Germany does this for 50 years, for example.

How long it lasts in the United States

US rules depend on when a work was published:

• Published before 1931: public domain in the US (as of 2026). Every 1 January, one more year joins. On 1 January 2026, works from 1930 became free, such as the first Betty Boop cartoon and the first Nancy Drew books.
• Published from 1931 to 1977: 95 years after publication, as long as the formalities of that time were met.
• Made from 1978 onward: life of the maker plus 70 years, or 95 years after publication for work made by a company.
• Sound recordings: recordings from before 1926 are free in the US now (as of 2026). Newer ones join step by step.

A work can be free in the US but still protected in Europe, or the other way around. What counts is where you use it and where your audience is. For a YouTube video that the whole world can see, the safest choice is content that is free in both.

The classical music trap

Bach, Mozart and Beethoven died centuries ago, so their compositions are public domain. But a recording of their music is a new work with its own rights. The orchestra and the label own those rights for 70 years after release. That is why a video with a famous recording of Beethoven’s Fifth can still get a Content ID claim.

Safe options: recordings that the performers released under CC0 or a public domain mark (projects like Musopen do this), or recordings from before 1926 (for the US), or recording the piece yourself.

Old paintings and photos of them

Since the 2019 Copyright Directive (Article 14), a faithful photo or scan of a public domain painting is not protected in the EU. So a museum’s straight photo of a Van Gogh is free to use, unless the photo itself is original and creative. Many museums, such as the Rijksmuseum, openly share such images for free. Photos of statues and buildings are different: there the photographer makes creative choices, so the photo usually is protected.

New versions of old works

Anyone may make a new version of a public domain work: a new arrangement, a translation, an edit, a colorized film. The new parts that someone adds are protected again. So you may use the original story of Pinocchio, but not the look of a famous studio’s version of him. You may use the original melody, but not someone’s modern arrangement of it.

How to check if something is public domain

1. Find out who made it and when they died, or when it was published.
2. Check every layer: composition and recording, photo and what is in it.
3. Look for a clear public domain mark or CC0 statement from a trustworthy source.
4. Be careful with “public domain” labels on random sites. Anyone can put that label on something. When in doubt, use a source with a clear license.
5. Keep a note of where you found it and why you believe it is free.