The Jaws of Copyright: Avoiding Legal Trouble with Public Domain Works

Public domain works — like some old books, songs, and art — are free from copyright protection, meaning anyone can use, remix, or republish them without permission. However, not everything you find online qualifies, and misunderstanding the difference between public domain, copyright, and licensing can create expensive mistakes. For small businesses, a single misused image or clip could lead to a copyright takedown, damaged reputation, or even legal action.

Let’s break down what the Jaws example teaches about copyright safety — and how you can keep your business out of deep water.

What “Public Domain” Actually Means

When a creative work enters the public domain, it’s no longer protected by copyright law. That means anyone can use it — but only if it’s truly expired or was never copyrighted to begin with.

Here are the main ways something becomes public domain:

• Copyright expires: Most works published before 1929 are public domain.
• The creator gives it up: Some artists release work directly into the public domain.
• It was never copyrighted properly: Older works without proper registration or notice may have fallen into the public domain early.

In the case of Jaws, while the original book cover shark image is now public domain, the movie version, logos, and music are still protected. Using those without permission could still trigger a copyright claim.

In short: just because a version of something is free doesn’t mean every version is.

Common Copyright Mistakes Small Businesses Make

Many small businesses — especially those running social media ads or holiday campaigns — make the same avoidable copyright mistakes:

1. Using “found” images: Anything pulled from Google Images or Pinterest isn’t automatically free to use, even if there’s no watermark.
2. Assuming “old” means public domain: A 1960s photo or 1980s movie still may be copyrighted.
3. Mixing original and protected work: You can’t legally remix copyrighted material, even if you add your own twist, unless it’s under fair use (a very narrow exception).
4. Not checking license terms: Even stock images can have limits — for example, “personal use only” or “no resale.”

Questions SMBs Should Be Asking Before Using An Image

Before you post, print, or promote, ask a few key questions:

• Do I know exactly where this image came from? Can I trace it to a creator, license, or verified public domain source?
• Am I mixing public domain with copyrighted material? If so, could I be accidentally using something still protected?
• Do I have clear documentation or proof of use rights? If challenged, could I show where I got it and how it’s legally usable?
• Should I train my marketing team or contractors on this? Do my employees or freelancers understand copyright basics and where to source safe content?

What to Do Next

1. Use trusted sources: Stick to reputable sites like the Library of Congress, Wikimedia Commons, or royalty-free stock providers.
2. Document everything: Keep receipts, download confirmations, and license terms for every asset you use.
3. Create a policy: Ask Rocket Lawyer’s Copilot to help you draft a short content-use policy to guide your marketing team.
4. Ask a Legal Pro: If you’re unsure whether something is public domain or “inspired by” copyrighted work, a quick legal check can prevent bigger problems later.

Creative marketing doesn’t have to be risky — it just takes awareness. Knowing what’s truly in the public domain and what’s not can help your business stay creative, compliant, and confident all year long.