Important note: Works of foreign (non-U.S.) origin must be out of copyright or freely licensed in both their home country and the United States in order to be accepted on Commons. Works of Taiwanese origin that have entered the public domain in the U.S. due to certain circumstances (such as publication in noncompliance with U.S. copyright formalities) and which were under copyright in Taiwan on January 1, 2002 may have had their U.S. copyright restored under the URAA.[2]

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 this work might not be in the public domain in countries that do not apply the rule of the shorter term and have copyright terms longer than life of the author plus 50 years. In particular, Mexico is 100 years, Jamaica is 95 years, Colombia is 80 years, Guatemala and Samoa are 75 years, Switzerland and the United States are 70 years, and Venezuela is 60 years.