The definition of public domain is: the state of belonging or being available to the public as a whole, and therefore not subject to copyright.
In layman's terms, works in the public domain are available to everyone and aren't under any copyright. A work becomes part of the public domain when the copyright has expired or has otherwise been forfeited. At this time, it becomes free to be used by the general public. So when does a work become part of the public domain?
The most common way for a work to become public domain is when the copyright expires. In most countries, the creator of a work is the prime copyright holder for the duration of their life plus a specified number of years after their death. Let’s take Pride and Prejudice as an example. Jane Austin wrote P&P in 1813, and passed away in 1817. Under modern copyright law, her estate would remain primary copyright holders for 70 years (in Canada) after her death, meaning that Pride and Prejudice entered the public domain inCanada in 1887.
A couple of things to keep in mind should you decide to publish your own edition of a public domain work.
- Copyright laws and time restrictions vary from country to country. For example, the author remains the primary copyright holder for their lifetime plus 50 years in the United States, but in Canada the law is the author’s lifetime plus 70 years. If you are publishing a public domain work, you are responsible for ensuring the work is part of the public domain in all countries you are publishing in. Should you be in violation of copyright, you will be asked to remove the work in question and should you not comply, your account will be closed.
- The "life + x amount of years" rule is not definitive. Some authors' estates retain copyright long after the original author's death. Do your research and make sure the work you want to publish is in fact part of the public domain in the territories in which you're publishing.
- Try to be original! Remember there are countless versions of public domain books in the market already, so what is going to make a reader choose yours? Perhaps you offer illustrations, a new foreword by an expert, a new translation -- consider adding something original to make your version stand out.