John James Audubon was an American ornithologist, naturalist, and painter known for his studies and detailed illustrations of North American birds. Audubon traveled extensively to study birds in their natural habitats and published Birds of America between 1827 and 1838. This monumental work features 435 life-size watercolor prints depicting nearly 500 bird species.
Audubon’s stunning bird illustrations are some of the most recognizable images of North American avifauna. His work documenting and painting birds greatly influenced ornithology and natural history. But what is the copyright status of Audubon’s famous bird paintings and illustrations? Are they in the public domain?
Brief History of Copyright Law in the U.S.
To understand the copyright status of Audubon’s works, it is helpful to have some background knowledge of U.S. copyright law history:
Early Copyright Law
– The first federal copyright law was the Copyright Act of 1790, which granted copyright protection for 14 years with a renewal term of another 14 years.
– The term length was extended with the Copyright Act of 1831 to 28 years with a 14 year renewal term.
Modern Copyright Law
– The Copyright Act of 1909 extended terms to 28 years initial term plus 28 year renewal, for a total term of 56 years.
– The copyright term was extended again with the Copyright Act of 1976 to life of the author plus 50 years for works created in 1978 or later.
– The Sonny Bono Copyright Term Extension Act of 1998 added another 20 years to existing and future copyrights, establishing the current copyright term of life of the author plus 70 years.
When Were Audubon’s Works Published?
To determine if Audubon’s works are under copyright, we need to know the dates they were first published:
– Birds of America – published as a series in sections or fascicles of 5 prints each from 1827-1838. The final 10th volume was published in 1838.
– The Birds of America octavo edition – Published 1840–1844 in 7 volumes, with 500 hand-colored lithographed plates.
– The Viviparous Quadrupeds of North America – Published 1845–1848 in 3 volumes with 150 hand-colored lithographs.
– The Quadrupeds of North America – Published 1849–1854 in 3 volumes with 150 hand-colored lithographs.
Most of Audubon’s major ornithological works were published in the first half of the 19th century, before 1909 when copyright terms started extending longer.
Are Audubon’s Published Works in the Public Domain?
Knowing when Audubon’s works were published, we can determine if they are still under copyright or in the public domain:
Published Before 1923
Audubon’s major works like Birds of America, Octavo Edition, Viviparous Quadrupeds, and The Quadrupeds of North America were all published before 1923. Under the Copyright Act of 1909, works published before 1923 entered the public domain if their copyrights were not renewed after the initial 28 year term.
Work | Published | Copyright Status |
---|---|---|
Birds of America | 1827-1838 | Public Domain |
Octavo Edition | 1840-1844 | Public Domain |
Viviparous Quadrupeds | 1845-1848 | Public Domain |
Quadrupeds of North America | 1849-1854 | Public Domain |
Since the copyrights were not renewed on any of these works after 28 years, all of Audubon’s major ornithological works published before 1923 are in the public domain.
Unpublished Works
For any unpublished works, manuscripts, or paintings still under copyright, the term is life of the author plus 70 years.
John James Audubon died in 1851. Adding 70 years takes the copyright to 1921. Therefore, any unpublished Audubon works are also in the public domain.
Digitizing Audubon’s Works
Libraries, museums, and other institutions may digitize public domain Audubon works and make them freely available online without concern for copyright infringement. Millions of high resolution Audubon images are digitized and online from these major collections:
Library of Congress
The Library of Congress has digitized their entire collection of 435 Audubon Birds of America prints, with high resolution images available to download through their online catalog. These are in the public domain.
New York Public Library
The New York Public Library has digitized their collection of the Octavo Edition featuring all 500 prints. High resolution images can be downloaded through their Digital Collections portal. These are in the public domain.
Smithsonian Libraries
The Smithsonian Libraries have digitized many rare Audubon editions including the Imperial Folio and Octavo editions. High resolution downloads are available through their online catalog record. The digitized Audubon works are in the public domain.
Conclusion
In summary, John James Audubon’s major ornithological works were all published in the 19th century before 1909. The copyrights were not renewed so all entered the public domain. Any unpublished works would have entered the public domain 70 years after Audubon’s death in 1851.
This means that Audubon’s bird illustrations and paintings are no longer under copyright and are in the public domain. Museums, libraries, and others may freely digitize Audubon’s images and make high resolution downloads available to the public for study, research, appreciation and reuse. Audubon’s legacy of studying, documenting and painting North American avifauna lives on through these public domain works that inspiring naturalists and artists to this day.