Public Domain Law – Avoid Copyright Infringememt

How to Legally Access Copyright Free Material

Oct 3, 2009 Brenna Coleman

There is a plethora of copyright free content available, from public domain films to music; but, how does one know for sure what is in the public domain?

The public domain is an incredible resource for anyone dealing with creative or informative media. It provides millions of pieces of copyright free material to the public, putting invaluable works of art and information in the hands of everyone. Public domain films, music, books and other forms of content can offer inspiration, knowledge, and even entertainment to anyone who is interested. No permission has to be granted, nor money exchanged, for use of public domain content.

However, it is extremely important to have a grasp of public domain law before using these royalty-free, permission-free pieces, as there are a number of exceptions and conditions as to what is in the public domain. When unsure, always consult an intellectual property attorney before risking committing copyright infringement.

The Rules of Public Domain Law Through 1963

Although the public domain is a remarkable source of free content, it is primarily limited to pieces produced before 1923. Recent works are not copyright free, in fact, anything made today will not be available for at least ninety-five years.

Once the copyright on a creative work has expired, that piece is considered to be in the public domain. Exactly when protection ends, depends on when a work was copyrighted, and possibly, whether or not it was renewed.

All works that were published in 1922 and earlier are definitely in the public domain. Anything published between 1923 and 1963 may very well be in the public domain. During this time period, public domain law required materials to be first registered, and then renewed during the twenty-eighth year of copyright protection. The renewal would add another forty-seven years to the copyright, for a total of seventy-five years. If the creator or owner of the copyright failed to file for a renewal, the work became a part of the public domain.

The Rules of Public Domain Law From 1964 to the Present

Later on, laws were passed which changed the rules of the public domain. Everything that was published from 1964 until 1978 has been automatically renewed, so there is no chance of it being in the public domain right now. After 1978, renewal was no longer an issue at all, and the length of a copyright increased. Instead of being seventy-five years, protection would last for seventy years beyond the death of the last surviving author of a work. For works that were made for hire, or released under a pseudonym, the copyright is in effect for ninety-five years from the date of publication, or one hundred twenty years from creation, which ever comes first.

During the Clinton administration, a new piece of legislation was passed to again change public domain law. According to attorney Lloyed J. Jassin, in his article "New Rules for Using Public Domain Materials" (CopyLaw), the Sony Bono Copyright Term Extension Act added another twenty years to basically all copyrights, preventing anything new from entering the public domain until 2019. So, according to current public domain law, even a work made in 1923, which should have become part of the public domain in 1999, will not be copyright free until an additional twenty years have passed.

For those who want to verify a possible copyright, or lack thereof, the U.S. Copyright Office will search their files to verify if a work is copyright free for an hourly fee, or anyone can go to the Copyright Office to search themselves.

Additional Content in the Public Domain

Aside from creative works made by the public, other pieces are automatically considered to be free for use. Any media made by a government employee while they are on official duty, is in the public domain. For example, photographs taken by the U.S. Air Force and posted on their website are in the public domain. Although permission is not required, giving credit is always appropriate. State judicial opinions, and official legislative enactments are also free for public use. General concepts and ideas, slogans, short phrases, standard plots, and stock characters are all free as well.

Exceptions to Copyright Free Material

There are several exceptions to public domain content. Media that is trademarked, instead of copyrighted, such as the Nike swoosh, would not become a part of the public domain. Anything that could infringe on one's right to privacy, or one's right to benefit commercially from their own name, photograph, or likeness cannot be freely used. Also, it is a common practice for an individual or association to take a work in the pubic domain, revise it, translate it, or alter it in another way, and then register a new copyright for what would be considered a separate work. Once this happens, the new edition is not in the public domain, only the original is. Always make sure a source used is undoubtedly the original version.

Many times a work is clearly in the public domain, but other times there may be doubt. If there is any question, especially when there is an intent to use something commercially, consult the professional advice of an intellectual property attorney.

Sources:

U.S. Copyright Office

The Law Offices of Lloyd J. Jassin. "New Rules for Using Public Domain Content." (CopyLaw.com)

The copyright of the article Public Domain Law – Avoid Copyright Infringememt in Media Literacy is owned by Brenna Coleman. Permission to republish Public Domain Law – Avoid Copyright Infringememt in print or online must be granted by the author in writing.

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