There’s something almost poetic about it. Every January 1st, US copyright law quietly releases a new batch of cultural treasures into the wild – no permission required, no licensing fees, no lawyers to call. And 2026? Well, 2026 is turning out to be one of the most significant years in recent memory.
So let’s break it all down. What entered the public domain, what it actually means, and why you should care – whether you’re a creator, a business, or just someone who loves a good legal story.
What « public domain » really means (and why it matters)
Before anything else, a quick clarification – because there’s a lot of confusion around this.
When a work enters the public domain, its intellectual property rights – specifically copyright – have expired, been forfeited, or become inapplicable. In the United States, works published in 1930 entered the public domain on January 1, 2026, under the 95-year copyright term. Once that clock runs out, the work belongs to the public. No permission is required to copy it, distribute it, perform it, or create derivative works based on it. Etblaw
Think of it as a collective inheritance. Society funded, in a sense, the cultural ecosystem that allowed these works to exist. After 95 years, they come home.
This expiration is vital for cultural preservation – it allows old films to be restored, old books to be republished, and new artists to build on the foundations laid by previous generations. That’s not just idealism. It’s the literal point of the system.
The 2026 class: some very famous faces
On January 1, 2026, thousands of copyrighted works from 1930 entered the US public domain, along with sound recordings from 1925. The literary highlights range from William Faulkner’s As I Lay Dying to Agatha Christie’s The Murder at the Vicarage and the first four Nancy Drew novels. Duke University School of Law
That’s… a remarkable list. Honestly.
Among the most notable entrants: Popeye the Sailor, created by E.C. Segar. Literary works include Faulkner’s The Sound and the Fury, Hemingway’s A Farewell to Arms, Virginia Woolf’s A Room of One’s Own, and Steinbeck’s Cup of Gold. Ludwig IP Law
And film? The 2026 film class is stacked with classics: Howard Hughes’s aviation epic Hell’s Angels (Jean Harlow’s screen debut and, at the time, the most expensive movie ever made); The Big Trail, featuring John Wayne in his first starring role; and Greta Garbo’s first talkie, Anna Christie. Copyright Lately
Oh, and Betty Boop. She’s officially public domain now – which, as you may have already heard, has already inspired a horror film reboot. Because of course it has.
What about sound recordings?
Here things get a little more complicated (welcome to US copyright law). Sound recordings first published in 1930 remain protected through the end of 2030 under the Music Modernization Act’s tiered system – 95 years plus a 5-year extension. However, earlier recordings from 1925 entered the public domain on January 1, 2026, once they hit the 100-year mark. Copyright Lately
So: the song from 1930 might be free. The recording of that song? Not necessarily. Two different things. Always check both.
The Betty Boop trademark trap – don’t make this mistake
This is where it gets interesting, and where a lot of creators trip up.
Trademark law likely doesn’t prevent the use of a public domain character in a new expressive work that doesn’t mislead consumers about its origin. As the Supreme Court cautioned in Dastar v. Twentieth Century Fox, trademark can’t be used to create a form of extended copyright law that blocks the public’s right to use expired copyrights. Copyright Lately
In other words: yes, you can use early Betty Boop. But if your product implies some official connection to the original rights holders, you may still find yourself in legal trouble. The public domain frees the copyright – not necessarily the trademark.
While the copyright on a specific early Betty Boop cartoon has expired, trademark law does not expire the same way. If your use of a public domain character confuses consumers into thinking your product is produced or endorsed by the original rights holder, you could still face legal action for trademark infringement. Etblaw
So tread carefully. Public domain ≠ total freedom. It’s a nuanced space, and getting it wrong can be expensive.
Opportunities for creators and businesses
For anyone in the creative or content industries, the 2026 public domain class opens real doors. Legally viable possibilities without licensing fees now include: a graphic novel reimagining Tintin as a cyberpunk detective, a streaming series based on The Sound and the Fury set in modern-day Mississippi, or a line of retro apparel featuring Popeye’s original comic strip likeness. Ludwig IP Law
Publishers can reissue classic texts at lower costs. Educators can distribute materials freely. Filmmakers can adapt stories without paying licensing fees. And businesses can draw on iconic imagery – with care – to build brand associations with beloved cultural figures.
The caveat (there’s always one): only the earliest versions are free. Later additions, character traits introduced in post-1930 works, and derivative elements created after the copyright cutoff may still be protected. A Nancy Drew story from 1950, for instance, remains fully under copyright even if the character’s original 1930 debut is now free to use.
FAQ – public domain and US copyright news 2026
What works entered the US public domain on January 1, 2026? Works first published in 1930 – including novels, films, comics, and early sound recordings from 1925 – entered the public domain on January 1, 2026, after their 95-year copyright term expired.
Can I use Betty Boop freely now that she’s in the public domain? You can use the 1930 version of the Betty Boop character, but trademark law still applies. Using the character in ways that suggest official endorsement or create consumer confusion could still lead to legal action.
Does the public domain apply globally? No. US copyright terms differ from those in other countries. A work that is public domain in the US may still be protected in the EU, UK, or elsewhere.
Are sound recordings from 1930 also in the public domain? Not yet. Under the Music Modernization Act, sound recordings from 1930 remain protected until 2030. However, recordings from 1925 did enter the US public domain in 2026.
If this article helped clarify US copyright news for you, share it with a colleague or creative partner – this stuff matters more than most people realize.
