For å kunne lagres på Commons må verket både være offentlig eiendom i USA og i opphavslandet. Vernetiden kan i noen tilfeller være lengre enn 80 år i USA, så i tillegg til dette merket trengs det et eget merke som forklarer hvorfor verket er offentlig eiendom (public domain) i USA. Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Jamaica has 95 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Honduras has a general copyright term of 75 years, but it does implement the rule of the shorter term. Copyright may extend on works created by French who died for France in World War II (more information), Russians who served in the Eastern Front of World War II (known as the Great Patriotic War in Russia) and posthumously rehabilitated victims of Soviet repressions (more information).

• it was simultaneously published (within 30 days) in the U.S. and in its source country and is in the public domain in the U.S. as a U.S. work (no copyright registered, or not renewed),

or

• it was first published outside the United States (and not published in the U.S. within 30 days) and
• it was first published before 1978 without complying with U.S. copyright formalities or after 1978 without copyright notice and
• it was in the public domain in its home country on the URAA date ( January 1, 1996 for most countries).

This work may still be copyrighted in other countries.

For background information, see the explanations on Non-U.S. copyrights. Note: in addition to this statement, there must be a statement on this page explaining why the work is in the public domain in the U.S. (for the first case) or why it was PD on the URAA date in its source country (second case). Additionally, there must be verifiable information about previous publications of the work.