Indie game storeFree gamesFun gamesHorror games
Game developmentAssetsComics
SalesBundles
Jobs
Tags

Public domain outside the US?

A topic by Sungrass Press created Jan 04, 2021 Views: 198 Replies: 2
Viewing posts 1 to 3

Hi! I've been looking at adapting some works that entered the public domain this year where I'm at (in the EU) but won't be entering the public domain in the US (where itch.io are located) for at least a few years. I suppose I have two questions:

  • Can a game be submitted if the original work is not public domain in the US, even if it is public domain elsewhere?
  • If so, can it legally be hosted on itch?

Though I'm not hosting, I would say "no".

This contest is strictly for games that are public domain in the United States, specifically those who entered the public domain in the United States this year, i.e. everything except sound recordings published in 1925. 

If it's in the public domain in your country but not in the US, it's only legal to sell it in countries where it is in the public domain. Otherwise, you will have to obtain permission or geoblock the US from playing the game.

Keep in mind that I am not a lawyer, but I have taken an interest in copyright law.

Host(+1)

Hey – thanks for asking!

This jam is focused on the US public domain so such works wouldn't be eligible.

In general I'm not sure if Itch can host games that are legal in some countries but not others – you might want to reach out to them directly.

We glad that you are interested in exploring public domain works in your country and would be excited if you ran a game jam focused on celebrating them!