There are undoubtedly bunches of these articles that are totally fair game because they’re already in the public domain. By definition, according to the U.S. Copyright Office, “A work of authorship is in the ’public domain’ if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.”³

The articles you can use without worrying include:

     • Articles published before 1923. This is the easy case. Any news article published in the United States before 1923 is in the public domain and you can reprint or republish it in any form you’d like without any copyright concerns at all.

     • Articles published between 1923 and 1977 without a copyright notice. For this time frame, if there wasn’t a copyright notice in the newspaper, it’s in the public domain. But you need to make sure there really wasn’t a notice. That means looking carefully at copies of the entire newspaper for at least a few dates at regular intervals during the period from which you want to use articles to see whether there is a copyright notice anywhere in the newspaper.

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