This article is about public ownership of creative works not for use in relationship to public lands.
The public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests. This body of information and creativity is considered to be part of the common cultural and intellectual heritage of humanity, which in general anyone may use or exploit.
If an item is not in the public domain, this may be the result of a proprietary interest as represented by a copyright or patent. The extent to which members of the public may use or exploit an item in relation to which proprietary interests exist is generally limited. However, when copyright or patent restrictions expire, works will enter the public domain and may be used by anyone for any purpose.
A creative work is said to be in the public domain if there are no laws which restrict its use by the public at large. There may be no laws which establish proprietary rights in relation to the work, or the work or its subject matter may be specifically excluded from existing laws.
The underlying idea which is expressed or manifested in the creation of a work generally cannot be the subject of copyright law. Mathematical formulas will therefore generally form part of the public domain, to the extent that their expression in the form of software is not covered by copyright.
Works created before copyright and patent laws also form part of the public domain. The Bible and Qur'an, the works of Homer and the inventions of Archimedes are in the public domain. However, copyright may exist in translations or new formulations of these works.
Although intellectual property laws are not designed to prevent facts from entering the public domain, collections of facts organized or presented in a creative way, such as categorized lists, may be copyrighted. Collections of data with intuitive organization, such as alphabetized directories like telephone directories, are generally not copyrightable. In some countries copyright-like rights are granted for databases, even those containing mere facts. A sui generis database rights regime is in place in the European Union.
Works of the United States Government and various other governments are excluded from copyright law and may therefore be considered to be in the public domain.
Creative Commons, an organization which promotes the migration of works into the public domain as well as copyleft licensing schemes, holds that:
" Public access to literature, art, music, and film is essential to preserving and building on our cultural heritage. Many of the most important works of American culture have drawn upon the creative potential of the public domain. Frank Capra's It's a Wonderful Life is a classic example of a film that did not enjoy popular success until it entered the public domain. Other icons such as Snow White, Pinocchio, Santa Claus and Uncle Sam grew out of public domain figures. "