Your Map to the Public Domain Treasure Trove | 1 |
1 Introduction to the Public Domain | 3 |
What is the Public Domain? | 4 |
Dealing With Public Domain Gray Areas | 12 |
What If Someone Challenges Your Public Domain Claim? | 14 |
Documenting Your Use of Public Domain Materials | 16 |
2 The Use and Abuse of Copyright | 19 |
Copyright Law: A Short History | 20 |
The Looting of the Public Domain | 27 |
3 Writings | 33 |
What Can You Do With Public Domain Writings? | 34 |
Determining Copyright Status of Written Works | 38 |
Is the Work Eligible for Copyright Protection? | 39 |
Has the Work Been Published? | 59 |
Has the Work's Copyright Expired? | 62 |
Is the Work in the Public Domain Due to Lack of a Copyright Notice? | 63 |
Does a Copyright Trap Apply? | 63 |
Misuse of Copyright Notices | 74 |
Sources of Public Domain Writings | 77 |
4 Music | 79 |
The Difference Between Music and Sound Recordings | 81 |
What Can You Do With Public Domain Sheet Music? | 82 |
Has the Sheet Music Been Published? | 86 |
Has the Copyright in the Music Expired? | 93 |
Is the Music in the Public Domain Due to Lack of a Copyright Notice? | 93 |
Is It a Derivative Work? | 94 |
Is It an Arrangement or Adaptation? | 95 |
Is the Music a Collective Work? | 106 |
Does the Musk Have Public Domain Elements? | 109 |
Sources of Public Domain Sheet Music | 112 |
Sound Recordings | 112 |
5 Art | 119 |
Part I Original Works of Art | 121 |
What Good Is Public Domain Art? | 121 |
Deciding Whether Original Art Is in the Public Domain | 124 |
Has the Art Been Published? | 125 |
Has the Copyright in the Art Expired? | 129 |
Is the Art in the Public Domain Due to Lack of a Copyright Notice? | 129 |
Is the Artwork Eligible for Copyright Protection? | 130 |
Do You Intend to Use the Art in Advertising or on Merchandise? | 138 |
Is the Art Protected by a Design Patent? | 139 |
Part II Art Reproductions | 140 |
Is the Original Work of Art in the Public Domain? | 141 |
Has the Reproduction Been Published? | 141 |
Has the Copyright in the Reproduction Expired? | 142 |
Is the Reproduction in the Public Domain Due to Lack of a Copyright Notice? | 142 |
Does the Reproduction Lack Originality? | 142 |
Is the Reproduction Dedicated to the Public Domain? | 147 |
Will You Use the Reproduction in Advertising or on Merchandise? | 148 |
Are Elements of the Reproduction in the Public Domain? | 148 |
Sources of Art Reproductions | 148 |
6 Photography | 149 |
What Good Are Public Domain Photographs? | 150 |
Deciding Whether Photographs Are in the Public Domain | 150 |
Sources of Public Domain Photographs | 160 |
7 Films and Television | 161 |
Part I Films | 163 |
What Good Are Public Domain Films? | 163 |
Has the Film Been Published? | 164 |
Has the Copyright Expired? | 166 |
Is the Film in the Public Domain Due to Lack of a Copyright Notice? | 174 |
Is the Film Protected by Copyright? | 175 |
Does the Film Contain Copyrighted Visual Art? | 177 |
Do You Plan to Use the Film for Advertising or Other Commercial Purposes? | 177 |
Part II Television Programs | 178 |
Has the Television Program's Copyright Expired? | 179 |
Is the Television Program in the Public Domain Due to Lack of a Copyright Notice? | 180 |
Is It a U.S. Government TV Program? | 181 |
Video Dedicated to the Public Domain | 181 |
Does the Program Contain Copyrighted Visual Art? | 182 |
Will You Be Using Public Domain TV Programs for Advertising or Other Commercial Purposes? | 182 |
Sources of Public Domain Films and TV Programs | 183 |
8 Computer Software | 185 |
Is the Software Dedicated to the Public Domain? | 186 |
Was the Software Created by the U.S. Government? | 190 |
Has the Copyright in the Software Expired? | 191 |
Is the Software in the Public Domain Due to Lack of a Copyright Notice? | 193 |
Sources of Public Domain Software | 193 |
9 Architecture | 195 |
What Good Is Public Domain Architecture? | 196 |
Architectural Plans | 197 |
Constructed Buildings | 202 |
10 Maps | 207 |
Has Copyright in the Map Expired? | 208 |
Is the Map in the Public Domain Due to Lack of a Copyright Notice? | 209 |
Was the Map Created by the U.S. Government? | 209 |
Is the Map Eligible for Copyright Protection? | 210 |
Are Elements of the Map in the Public Domain? | 210 |
Sources of Public Domain Maps | 212 |
11 Choreography | 213 |
Deciding Whether Choreography Is in the Public Domain | 214 |
Sources of Public Domain Choreography | 217 |
12 Databases and Collections | 219 |
Part I Databases | 221 |
Is the Work a Database? | 222 |
Does the Database Lack Creativity? | 225 |
Was the Database Created by the U.S. Government? | 228 |
Has the Copyright in the Database Expired? | 230 |
Is the Database in the Public Domain for Lack of a Copyright Notice? | 231 |
Is the Database Protected by Means Other Than Copyright? | 231 |
Part II Collections of Public Domain Works | 235 |
Are the Collected Materials in the Public Domain? | 236 |
Does the Collection Lack Minimal Creativity? | 238 |
Is It a De Minimis Collection? | 239 |
Is It a U.S. Government Collection? | 239 |
Has the Collection's Copyright Expired? | 239 |
Is the Collection in the Public Domain for Lack of a Copyright Notice? | 240 |
Is the Collection Protected by Means Other Than Copyright? | 240 |
13 Titles | 241 |
Titles of Copyrighted Works | 242 |
Titles of Public Domain Works | 247 |
Using Disclaimers to Avoid Public Confusion | 248 |
Titles Used on Merchandise and Other Products | 249 |
The First Amendment and Titles | 249 |
14 Public Domain Elements in Copyright Writings | 251 |
Ideas | 252 |
Facts | 256 |
Unprotected Elements in Works of Fiction | 261 |
Unprotected Elements in Works of Fact | 265 |
15 Copyrights Restored From Public Domain | 271 |
The GATT Agreement | 272 |
What Works Were Restored? | 273 |
What Works Were Not Restored? | 276 |
Who Owns Restored Works? | 278 |
Copyright Infringement of Restored Works | 278 |
16 The Public Domain Outside the United States | 281 |
Introduction | 282 |
Copyright Duration in Other Countries | 285 |
The Rule of the Shorter Term | 291 |
Researching Foreign Copyright Laws | 294 |
17 The Internet and the Public Domain | 297 |
Two Preliminary Rules | 298 |
Internet Content in the Public Domain | 299 |
Potential Problems Using Public Domain Materials on the Internet | 306 |
Links and the Public Domain | 311 |
Copyright and the Internet's Global Dimension | 311 |
18 Copyright Protection: How Long Does It Last? | 313 |
Works First Published in the United States | 314 |
Copyright Term for Unpublished Works | 322 |
Works First Published Outside the United States | 325 |
Sound Recordings | 330 |
19 Copyright Notice Requirements | 333 |
Copyright Notices and the Public Domain | 334 |
Does the Work Lack a Valid Notice? | 336 |
Is a Copyright Notice Required? | 340 |
Is the Omission of a Valid Notice Excused? | 345 |
What If You Make a Mistake? | 350 |
20 Traps for the Unwary | 353 |
Should You Worry About Trademark or Publicity Problems? | 354 |
The Right of Publicity | 355 |
Trademarks | 360 |
21 Researching Copyright Office Records | 369 |
Researching Copyright Renewal Records for Works Published Before 1964 | 370 |
Researching Copyright Registration Records | 385 |
22 What Should You Do When a Work Is Not in the Public Domain? | 387 |
Find Another Public Domain Work | 388 |
Obtain Permission to Use the Work | 388 |
Use the Work Without Permission on the Grounds of Fair Use | 391 |
Index | 403 |