Since the return of thousands of works entering the public domain again in 2019, I’ve been posting about it — and given site traffic and feedback, y’all want me to, so here goes this year’s edition (previous entries should all be tagged).
Note that I’m specifically talking about the United States, where, as of today, creative works published in 1930 and sound recordings from 1925 are free to use without licenses or fees.
If you’re asking “Wait, what does ‘creative works’ mean in this context?” or “What’s the deal with other countries and their copyrights?,” one of the first articles you should check out is Aaron Moss’ usual roundup of works entering the public domain, in this case for 2026. Moss, who is an intellectual property lawyer especially interested in copyright, gives you a rundown of some of the well-known IP entering the public domain this year, along with handy explainers on ‘copyright math’ and how countries differ in treating copyright.
And yes, in what is now a public domain tradition, Betty Boop is now available to get murderous in a horror movie and, yes, a movie is already in the works. Every year, some cartoon character becomes the star of a horror flick and 2026 is no exception. I’m holding out for mashup of The Little Engine That Could and Snowpiercer.
But I digress. My other go-to article is from Duke’s Center for the Study of the Public Domain. Jennifer Jenkins and James Boyle give you a good rundown on the major works in various forms that are now free to remix, reuse, and otherwise add to your creative endeavors. You can also check out this article from NPR which interviews Jennifer Jenkins in part for additional insights.
Fair point. Now, Bogey and his classic performance in The Maltese Falcon won’t be in the public domain until 2037, but the character he plays, Sam Spade, is now in the public domain… and he’s not the only private detective to go public! Miss Marple and Nancy Drew also had their first appearances 95 years ago, so you are welcome to use them.
Hopefully they can solve the case of the murderous Betty Boop.
Now you may very well ask how copyright treats a character, like Miss Marple or Nancy Drew, whose first novel is in the public domain while they have loads of novels that aren’t public yet. Here’s where the Duke Center has a great rundown using the Betty Boop example. The short, safe answer is that if Character Version 1.0 is in the public domain and if Character Version 2.0 or even Character 1.3 is noticeably different, tread carefully, especially if the estate or rights holders are litigious. In fact, if I were making a Betty Boop horror flick, I would definitely check with my legal counsel before going all in (and I’m guessing they did).
But my horror movie version of The Little Engine that Could (sans Snowpiercer) or a musical comedy version of William Faulkner’s As I Lay Dying? That’s full speed ahead, baby.
Still, back to the characters, because the rights holders have enjoyed decades of ownership, some are loathe to let them go even where the law is clear or the courts clarify… as Aaron Moss details with some estates who evidently want to muddy the waters enough to make the public nervous about using now public domain material.
And it matters. The vast majority of creative works from 1930 are no longer making anyone any money. Basically, that commercial viability falls off a metaphorical cliff after 75 years… not coincidentally what copyright had been in the United States before its 20-year extension. I tried a couple different ways to sum up why the public domain matters, but I don’t think I can do better than Jenkins and Boyle:
When works go into the public domain, they can legally be shared, without permission or fee. Community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees. Online repositories such as the Internet Archive, HathiTrust, Google Books, and the New York Public Library can make works fully available online. This helps enable both access to and preservation of cultural materials that might otherwise be lost to history. 1930 was a long time ago and the vast majority of works from that year are not commercially available. You couldn’t buy them, or even find them, if you wanted. When they enter the public domain in 2026, anyone can rescue them from obscurity and make them available, where we can all discover, enjoy, and breathe new life into them.
So check out the novels, listen to some of the tunes, and check out a few of the movies. In addition to the resources above, you know Wikipedia has a page or 16 you can rabbit hole down and the Internet Archive has a number of events planned to celebrate. Get inspired!