Are 100-year old photos public domain?
Asked by: Eladio Gutkowski | Last update: January 31, 2026Score: 4.4/5 (68 votes)
Yes, generally, photos published in the U.S. that are around 100 years old (specifically, first published before 1929) are in the public domain, meaning you can freely use them, but it gets tricky with unpublished works, works published later with renewed copyright, or images from other countries. In the U.S., works published 95 years ago or more are public domain (so works from 1929 and earlier are free as of 2025). However, unpublished photos have longer copyright, and organizations sometimes wrongly claim copyright on scans of public domain photos, requiring careful checking.
Are photos over 100 years old public domain?
For photographs, copyright protection lasts for the life of the photographer plus 70 years. To determine whether a vintage image is in the public domain, check the original publication date. As of now, any work published before 1929 is in the public domain and can be freely used.
Are historical photos public domain?
Generally, copies of photographic records held by the National Archives may be published without special permission or additional fees. The National Archives does not grant exclusive or non-exclusive publication privileges. Copies of Federal records, as part of the public domain, are equally available to all.
What is the 100 year copyright rule?
There isn't a single "100-year copyright law," but rather different rules, with a 100-year term applying specifically to certain sound recordings published between 1923-1946 under the Music Modernization Act (MMA) in the U.S. For most other works, U.S. copyright lasts for the author's life plus 70 years, or 95 years from publication for corporate/anonymous works, though older works have complex rules, with many from before 1923 now in the public domain.
How can I tell if a photo is public domain?
Generally, if a work was published without copyright notice under the authorization of the copyright owner and the law does not provide an exception for the omission, the work is in the public domain.
100 Forbidden Old Photos That Will Change Your View on the past!
What kind of images can I use without copyright?
Free image Resources
Pixabay - A great resource for finding images and videos. They are free for commercial use and no attribution required. Pexels - Search through thousands of royalty free images on Pexels. You can use all images on Pexels for free, even for commercial use.
Is The Wizard of Oz in the public domain?
Yes, L. Frank Baum's original 1900 novel The Wonderful Wizard of Oz is in the public domain in the U.S., allowing free use of its story and characters, but the iconic 1939 MGM movie, its specific visual elements (like ruby slippers, green skin), and derivative works (like Wicked) are still under copyright. So, you can adapt the book freely, but adding elements from the famous film requires permission.
Does everything become public domain after 100 years?
Later in 1998, Congress passed the Copyright Term Extension Act which further revised the total terms to ninety-five years from publication for corporate authorship, and life plus seventy years for individual authorship.
Is everything before 1923 public domain?
Generally, works published before 1923 are in the public domain. However, some works published before 1923 might still be copyrighted, if their initial publication was unauthorized, because the current 95-year copyright term only begins on the date of authorized publication.
Is As I Lay Dying public domain?
The novel uses a stream-of-consciousness writing technique, multiple narrators, and varying chapter lengths. As a work published in 1930, the novel entered the public domain on January 1, 2026.
Are old photos out of copyright?
On the whole, the photographer will own the copyright in their photograph for their life plus 70 years, unless they have created the photograph in the course of employment or signed an agreement to the contrary.
Why is Mickey Mouse not public domain?
However, like many other well-known characters (Sherlock Holmes and James Bond, for example), Mickey Mouse has changed over time and has traits and characteristics that are still protected by copyright; only the earliest works featuring Mickey Mouse are now in the public domain.
Is Marilyn Monroe's image public domain?
Public Domain Appearances
All published appearances of Marilyn Monroe such as photographs, advertisements, and other creative works published before January 1, 1964 without a copyright renewal or proper copyright notice are public domain in the US.
Are historical photos free to use?
Pre 1923 Historical photos are copyright free. However if you're accessing an archive there is usually a set fee to use the photos they collected and preserved. It's only fair to compensate them for their work. The fee is usually low per print.
Is it okay to throw out old photos?
However, the majority of photos can't be recycled, specifically older ones or those printed on glossy photo paper. Unfortunately, the only way to dispose of those photos is to put them in with your household trash.
How much do I have to change an image to avoid copyright?
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.
What just entered the public domain in 2025?
As of Jan. 1, 2025, all the books, films, songs, and art published in the 1920s or earlier are now public domain.
Why do books have 10 9 8 7 6 5 4 3 2 1?
The numbers 10 9 8 7 6 5 4 3 2 1 on a book's copyright page form a "printer's key," showing the print run; the lowest number indicates the printing (e.g., '1' means first printing), allowing publishers to track printings and make corrections without re-typesetting the entire page by simply removing the lowest number for each new run, a system dating from traditional printing presses.
Is the kid 1921 in the public domain?
Licensing. This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1931.
Is Tom and Jerry public domain?
No, classic Tom and Jerry cartoons are not currently in the public domain in the U.S.; they are owned by Warner Bros. and their copyright generally lasts 95 years from publication for studio works like these. While the very first cartoon featuring the characters (originally Jasper & Jinx) enters the public domain around 2036-2037, the core, well-known Tom and Jerry shorts remain protected, with newer iterations protected even longer, meaning you can't freely use them yet.
What will enter the public domain in 2026?
In 2026, works from 1930 entered the U.S. public domain, including classic books like William Faulkner's As I Lay Dying, Agatha Christie's Murder at the Vicarage, and the first four Nancy Drew novels, Dashiell Hammett's The Maltese Falcon, and literary hits like The Little Engine That Could; films such as the Marx Brothers' Animal Crackers and All Quiet on the Western Front; early characters like the first version of Betty Boop (from Dizzy Dishes) and Disney's "Rover" (later Pluto); iconic songs including "Georgia on My Mind," "Dream a Little Dream of Me," and Gershwin tunes like "I Got Rhythm"; and art by Mondrian and the original FIFA World Cup trophy.
How long until a photo is public domain?
Assessing Copyright Status
Here are the basics: Anything published before 1923 is in the public domain. Works published after January 1, 1923 but before January 1, 1964 and renewed during the 28th year is protected for 95 years from the date of publication.
Is Mark Twain in the public domain?
Mark Twain writings of any kind, whether literary manuscripts, notebooks, marginalia, or letters which came to light after 2001, and which were not published in the microfilm editions or elsewhere before the end of 2002, are likewise in the public domain.
What will enter the public domain in 2035?
Important literary works that will enter the public domain in 2035 include James Joyce's final work Finnegans Wake, John Steinbeck's novel The Grapes of Wrath, Agatha Christie's crime novel And Then There Were None, Raymond Chandler's The Big Sleep introducing Philip Marlowe, Richard Llewellyn's novel How Green Was My ...
Are Jane Austen's books public domain?
For example, original works by Jane Austen and Shakespeare are in the public domain. This is why you see so many film, stage and literary adaptations of their work. The Lion King is famously based on Hamlet and Pride and Prejudice and Zombies made its big-screen debut in 2016.