The correlative question is, and when do works pass in to the public domain?  These questions require a complex answer depending on when the work was first created and the effects of subsequent law, but the simple, rule of thumb that will apply to most works today is "life of the author plus 70 years."  For a straightforward (as possible) explanation, see "How to Determine Whether a Work is in the Public Domain."

The following chart and notes (http://www.unc.edu/~unclng/public-d.htm), created by Lolly Gasaway of the University of North Carolina, provides a handy overview, once you understand the basic issues:

DATE OF WORK PROTECTED FROM TERM Created 1-1-78 or after When work is fixed in tangible medium of expression Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2 Published before 1923 In public domain  None Published from 1923 - 63 When published with notice3 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain Published from 1964 - 77 When published with notice 28 years for first term; now automatic extension of 67 years for second term Created before 1-1-78 but not published 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2002, whichever is greater Created before 1-1-78 but published between then and 12-31-2002 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2047 whichever is greater

1  Term of joint works is measured by life of the longest-lived author.
2  Works for hire, anonymous and pseudonymous works also have this term.  17 U.S.C. § 302(c).
3  Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if, e.g., registration was made within five years. 17 U.S.C. § 405.   (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center)

The adoption of the Sonny Bono Copyright Term Extension Law in 1998 extended the law from life plus 50 to life plus 70.  Because there are some complicating factors related to unpublished works, works created long before publication, anonymous/pseudonymous works, and works published with or without official notice, the general rule is that works published more than 95 years ago are in the public domain.  Before using a specific work, however, you must determine the exact circumstances of its original publication to be sure.

For complete details, see Copyright Office Circular 15a, Duration of Copyright [pdf].  It is worth noting that the Sonny Bono Extension act, though signed into law, is being vigorously opposed as being an unfair windfall to those who least deserve it.  See the Opposing Copyright Extension web site for a full discussion.  See also The Eric Eldred Act web site and FAQ.

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