Can You Legally Use an Old "Public Domain" Image You Found in a Book or on the Web?

An old image that is public domain may still be protected in two ways:

You cannot legally copy from another's copy (like from a book, magazine or web site). You must go to the source and make your own copy of a public domain image. (See Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99 (2nd Cir. 1951)).

In addition, their copy of the public domain image may itself be copyrighted.

You can learn more about the four layers of using images legally by seeing sample pages from the book How to Use Images Legally.

How to get your own copies of public domain images

A researcher can often find public domain images for you inexpensively, or learn to do it yourself by reading the book, How to Find Free & Low-Cost Images On Almost Any Subject.

This information is provided with the understanding that the author is not a lawyer and is not engaged in rendering legal services, and makes no warranties or claims as to the accuracy or completeness of the information. This is a summary and for brevity many exceptions to the principles outlined have been left out. When working with legal issues, you should always seek experienced professional counsel.

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