• A work with a known author for which the author died more than 50 years ago.
• A work of joint authorship for which the longest-lived of the joint authors died more than 50 years ago.
• An anonymous work that was first published more than 50 years ago, or an anonymous work that was not published and which was created more than 50 years ago.
• A collective work or a computer program that was first published more than 50 years ago.
• A collective work or a computer program that was not published and which was created more than 50 years ago.
• A photograph that was first published or publicly displayed more than 50 years ago.
• A photograph that was not published or publicly displayed and which was created more than 50 years ago.
• An audiovisual work that was first published or presented more than 70 years ago.
• An audiovisual work that was not published or presented and which was created more than 70 years ago.
• A phonogram (sound recording) that was created more than 50 years ago.

Important note: Works of foreign (non-U.S.) origin must be out of copyright or freely licensed in both their home country and the United States in order to be accepted on Commons. Works of Dominican origin that have entered the public domain in the U.S. due to certain circumstances (such as publication in noncompliance with U.S. copyright formalities) and which were under copyright in the Dominican Republic on January 1, 1996 may have had their U.S. copyright restored under the URAA.[1]

Também tem de incluir uma marcação de domínio público nos Estados Unidos para indicar porque é que esta obra está no domínio público nos Estados Unidos. Observe que esta obra pode não estar em domínio público em países que não aplicam a regra do prazo mais curto e têm direitos autorais mais longos do que o tempo de vida do autor mais 50 anos. Em particular, o México tem 100 anos, a Jamaica tem 95 anos, a Colômbia tem 80 anos, a Guatemala e Samoa têm 75 anos, a Suíça e os Estados Unidos têm 70 anos e a Venezuela tem 60 anos.