Photographs taken by federal employees as part of their job are in the public domain from the moment they’re created, which means government photos produced by federal staff are generally free to copy, share, and republish without permission or payment. The rule is broad, but it isn’t universal. Images made by contractors, licensed from stock agencies, or produced by state and local governments follow different rules, and even a genuinely public domain photo can carry restrictions tied to seals, endorsement, or the people shown in it.
The Rule That Puts Federal Photos in the Public Domain
Two sections of the Copyright Act do the work. Section 105 says copyright protection “is not available for any work of the United States Government.”1Office of the Law Revision Counsel. 17 U.S. Code 105 – Subject Matter of Copyright: United States Government Works Section 101 defines that phrase as a work “prepared by an officer or employee of the United States Government as part of that person’s official duties.”2Office of the Law Revision Counsel. 17 USC 101 – Definitions
Public domain status attaches automatically at creation. No registration, no waiting period, no expiration. A staff photographer at the Department of the Interior who shoots a landscape for an agency report produces a public domain image the instant the shutter clicks. You can put it on a website, in a book, in a commercial product, or in a broadcast without asking anyone.
When a Government Photo Is Not Public Domain
Treating every image on a .gov website as free to use is the single most common mistake people make. Several categories fall outside the rule.
Contractor Work
The Copyright Act says the government “is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.”1Office of the Law Revision Counsel. 17 U.S. Code 105 – Subject Matter of Copyright: United States Government Works When an agency hires an outside photographer under contract, the resulting images are not automatically public domain. Federal Acquisition Regulations require contractors to get permission from the contracting officer before asserting copyright in work produced under the contract, and the government’s default position is a license to use the work rather than outright ownership of the copyright.3Acquisition.GOV. 27.404-3 Copyrighted Works The specific contract terms decide who owns what.
Licensed Stock Photos
Agencies routinely license stock imagery for their websites. Those images remain fully copyrighted. The Department of Energy warns that stock photographs on government sites “are not in the public domain and cannot be used by external organizations.”4Department of Energy. Copyright Laws for the Web The Department of the Interior’s copyright page says the same thing about outside images on its site: “Permission to use these images should be obtained directly from those organizations.”5U.S. Department of the Interior. Copyright, Restrictions, and Permissions
State and Local Government Photos
The federal rule is federal only. State and county governments can and often do claim copyright over what their employees produce. As USAGov puts it, “The U.S. government work designation does not apply to works of state and local governments. Those works may be protected by copyright.”6USAGov. Learn About Copyright and Federal Government Materials Rules vary widely by state. Check the specific policy before reusing anything from a state or municipal site.
The Postal Service
The United States Postal Service is a quasi-independent federal entity, and unlike most agencies it can claim copyright over its materials, including stamp designs. Reproducing a stamp image beyond fair use requires USPS permission.
Restrictions That Apply Even to Public Domain Photos
Public domain status removes copyright. It does not remove every other legal rule.
Seals, Badges, and Insignia
Federal law makes it a crime to use the Great Seal of the United States or the seals of Congress, the President, or the Vice President in any way that conveys “a false impression of sponsorship or approval by the Government.” Violations carry a fine and up to six months in prison.7Office of the Law Revision Counsel. 18 U.S. Code 713 – Use of Likenesses of the Great Seal of the United States and Other Government Insignia A separate statute covers agency badges and identification cards with the same six-month penalty.8Office of the Law Revision Counsel. 18 U.S. Code 701 – Official Badges, Identification Cards, Other Insignia Fraudulently affixing an agency seal to a document carries up to five years.9Office of the Law Revision Counsel. 18 U.S. Code 1017 – Government Seals Wrongfully Used and Instruments Wrongfully Sealed
The State Department states plainly that official insignia “may not be used or reproduced without written permission.”10U.S. Department of State. Copyright Information So if a public domain photo shows a visible agency seal, you’re free to share the photo, but you cannot deploy it in a way that suggests the agency endorses your product or organization.
Implied Endorsement
Even without a visible seal, you cannot use government materials to suggest official approval. USAGov: “You cannot use government materials in a way that implies endorsement by a government agency, official, or employee. For example, you cannot use a photo in your advertisement of a government official wearing or using your product.”6USAGov. Learn About Copyright and Federal Government Materials
NASA is stricter than most. Terms like “NASA approved,” “official NASA,” or “authentic NASA” are prohibited in connection with commercial products, and even pairing “NASA” with a brand name on products or marketing materials is not allowed. The acceptable phrasing for commercial goods is “NASA-themed” or “NASA-inspired.” Current NASA employees and astronauts cannot have their names or likenesses used in advertising at all. The NASA insignia and logotype are themselves “not in the public domain” and are protected by law.11NASA. Advertising Guidelines
Privacy and Publicity Rights of People in the Photo
A photograph being public domain does not waive the rights of the people in it. State privacy and publicity laws still apply. USAGov warns that these rights “protect the interests of the person or people who may be the subject of the work.”6USAGov. Learn About Copyright and Federal Government Materials The commercial context is where this bites hardest. Using a public domain photo of a private citizen in an advertisement can expose you to a publicity rights claim even though the image itself carries no copyright. Editorial and educational uses face far less risk.
Public Domain Ends at the U.S. Border
Section 105 applies inside the United States. The legislative history is explicit: “The prohibition on copyright protection for United States Government works is not intended to have any effect on protection of these works abroad.”12Office of the Law Revision Counsel. 17 USC 105 – Subject Matter of Copyright: United States Government Works Many countries protect their own government works through mechanisms like the United Kingdom’s Crown Copyright, and courts there may extend similar protection to U.S. government images used within their borders. For most casual uses the practical risk is low, but commercial materials distributed internationally deserve a closer look.
Where to Find Federal Photos You Can Use
Several federal repositories aggregate images with usable rights information at the item level.
The National Archives and Records Administration holds federal photography from across the full range of government activity, searchable through the National Archives Catalog.13National Archives. Research Our Records Not everything NARA holds is public domain. The Archives cautions that its holdings can include material “restricted by federal copyright law, state common law or state statutes that protect intellectual property, contract law, deed restrictions, or publicity rights.”14National Archives. Copyright and Permissions Catalog records for individual items typically flag any restrictions.
The Library of Congress Prints and Photographs Division houses more than 17 million images including photographs, historical prints, posters, cartoons, and architectural designs.15Library of Congress. About This Reading Room – Prints and Photographs Reading Room The collection includes both government-produced and privately created works, so you need to read the rights statement on each item. The catalog records include rights information and notes about donor restrictions or copyright claims.16Library of Congress. Prints and Photographs: Copyright and Rights and Restrictions Information
The NASA Image and Video Library carries astronomical imagery, planetary exploration photos, and historical space program records.17NASA. NASA Image and Video Library Most images are public domain, but the agency’s insignia rules and advertising restrictions above still apply.
The Smithsonian Open Access program makes millions of digital items available for download and reuse without asking permission, drawn from Smithsonian museums, research centers, and the National Zoo.18Smithsonian Institution. Smithsonian Open Access The Smithsonian is a trust instrumentality of the United States rather than a standard federal agency, which is why it has historically claimed copyright on many materials. Open Access voluntarily waives those restrictions for designated items, but not everything the Smithsonian holds is included.
The EPA maintains historical photo archives including its Documerica series and more recent environmental documentation.19U.S. Environmental Protection Agency. Historical Photos and Images The Department of Defense produces vast quantities of military photography, most of it public domain, though individual images may carry restrictions tied to operational security or identifiable service members. Nearly every major federal agency runs some kind of image library through its website.
How to Verify a Photo Before You Use It
- Look for a rights statement at the item level. Agency websites and digital catalogs from NARA, the Library of Congress, and NASA all provide one. “No known restrictions” puts you on solid ground.
- Identify the creator. A federal employee acting in official duties means public domain. A contractor, freelancer, or outside organization means the contract or licensing terms control, so contact the agency if the record is silent.
- Check for third-party content inside the frame. A public domain photo that incidentally captures a copyrighted mural, sculpture, or trademark-protected logo can create separate problems in commercial use.
- Credit the source. Attribution isn’t legally required for public domain images, but naming the agency and photographer helps other researchers find the original and signals that you did the work.
When the record is ambiguous, the originating agency’s public affairs office can usually confirm whether an image is free to use and flag any restrictions. One email is cheap insurance for a high-visibility commercial project.