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The Public Domain: How to Find Copyright-Free Writings, Music, Art & More

by Attorney Stephen Fishman

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Summary

Need content? It’s free for the taking!

Even though for years teachers have told us otherwise, writers and artists can copy other people’s work and get away with it. How? By dipping into the public domain, where everything is free for the taking.

The Public Domain is the only book that helps you find and identify what creative works are protected by copyright -- and what's not. The book provides specific information about:

• writings
• music
• art
• photography
• architecture
• maps
• choreography
• movies and video
• software
• databases
• collections

The 3rd edition is completely updated and revised, and includes information about the latest court decisions and the emergence of the "copyright commons." The book also provides hundreds of resources to help you find public-domain works.

Press Reviews

"The constitutional guarantee of a public domain was one of the Framers' most important gifts to our cultural tradition. This extraordinary book makes real the value of that gift in the 21st Century." Laurence Lessig, author, Code & Other Laws of Cyberspace

"A superb offering showing how to avoid lawsuits by getting one's hands on thousands of public domain songs, movies and manuscripts that can be used on websites or anywhere else free of charge." James Coates, Chicago Tribune

"How do you tell the difference between what's copyrighted and what isn't? A good starting point is Stephen Fishman's The Public Domain." Associated Press

"Nolo again delivers another solid winner.... The Public Domain provides broad topical coverage, which includes music, art, photography, movies and television. ...a must for your copyright library." John B. McHugh, The McHugh Memo

"Whether you're looking for one piece of art or building a business around public domain material, The Public Domain is an invaluable resource." Creativepro.com

"An indispensable resource for writers, scholars, creative artists, editors, publishers and librarians. Lucidly written and amply illustrated, this book will become a landmark legal guide for the layperson." Prof. Emmy E. Werner, UC Davis

"Outstanding and useful information about copyright, public-domain material, fair use, and how to navigate this sometimes daunting field. The text is clear, concise, often snappy and engaging , well-indexed, and thoughtfully laid out..." Peter E. Hanff, Deputy Director, The Bancroft Library, University of California, Berkeley

"A comprehensive and accessible key to a vast storehouse of knowledge and information." Peter Beren, co-author, The Writer's Legal Companion

"This book, the first of its kind, is the definitive guide to creative works that are not protected by copyrights. It explains how to determine whether a work is in the public domain and provides tips on how to find public domain works, including listings of hundreds of resources." Poptronics

Table of Contents

1. Introduction to the Public Domain

A. What Is the Public Domain?
B. Dealing With Public Domain Gray Areas
C. What If Someone Challenges Your Public Domain Claim?
D. Documenting Your Use of Public Domain Materials
E. How to Use This Book

2. The Use and Abuse of Copyright

A. What Copyright Protects
B. The Looting of the Public Domain

3. Writings

A. What Can You Do With Public Domain Writings?
B. Checklist for Determining Copyright Status
C. Is the Work Eligible for Copyright Protection?
D. Has the Work Been Published?
E. Has the Work's Copyright Expired?
F. Is the Work in the Public Domain Due to Lack of a Copyright Notice?
G. Does a Copyright Trap Apply?
H. Misuse of Copyright Notices
I. Sources of Public Domain Writings

4. Music

A. The Difference Between Music and Sound Recordings
B. What Can You Do With Public Domain Sheet Music?
C. Has the Sheet Music Been Published?
D. Has the Copyright in the Music Expired?
E. Is the Music in the Public Domain Due to Lack of a Copyright Notice?
F. Is It a Derivative Work?
G. Is It an Arrangement or Adaptation?
H. Is the Music a Collective Work?
I. Does the Music Have Public Domain Elements?
J. Sources of Public Domain Sheet Music
K. Sound Recordings

5. Art

Part I: Original Works of Art

A. What Good Is Public Domain Art?
B. Deciding If Original Art Is in the Public Domain
C. Has the Art Been Published?
D. Has the Copyright in the Art Expired?
E. Is the Art in the Public Domain Due to Lack of a Copyright Notice?
F. Is the Artwork Eligible for Copyright Protection?
G. Do You Intend to Use the Art in Advertising or on Merchandise?
H. Is the Art Protected by a Design Patent?
I. Sources of Original Art

Part II: Art Reproductions

J. Is the Original Work of Art in the Public Domain?
K. Has the Reproduction Been Published?
L. Has the Copyright in the Reproduction Expired?
M. Is the Reproduction in the Public Domain Due to Lack of a Copyright Notice?
N. Does the Reproduction Lack Originality?
O. Is the Reproduction Dedicated to the Public Domain?
P. Will You Use the Reproduction in Advertising or on Merchandise?
Q. Are Elements of the Reproduction in the Public Domain?
R. Sources of Art Reproductions

6. Photography

A. What Good Are Public Domain Photographs?
B. Deciding Whether Photographs Are in the Public Domain
C. Sources of Public Domain Photographs

7. Movies and Television

Part I: Films

A. What Good Are Public Domain Films?
B. Has the Film Been Published?
C. Has the Copyright Expired?
D. Is the Film in the Public Domain Due to Lack of a Copyright Notice?
E. Is the Film Protected by Copyright?
F. Does the Film Contain Copyrighted Visual Art?
G. Do You Plan to Use the Film for Advertising or Other Commercial Purposes?

Part II: Television Programs

H. Has the Television Program's Copyright Expired?
I. Is the Television Program in the Public Domain Due to Lack of a Copyright Notice?
J. Is It a U.S. Government TV Program?
K. Does the Program Contain Copyrighted Visual Art?
L. Will You Be Using Public Domain TV Programs for Advertising or Other Commercial Purposes?

Part III: Sources of Public Domain Films and TV Programs

M. The U.S. Government
N. Film Archives
O. Commercial Film and Video Suppliers

8. Computer Software

A. Is the Software Dedicated to the Public Domain?
B. Was the Software Created by the U.S. Government?
C. Has the Copyright in the Software Expired?
D. Is the Software in the Public Domain Due to Lack of a Copyright Notice?
E. Does the Copyrighted Software Contain Public Domain Elements?
F. Sources of Public Domain Software

9. Architecture

A. What Good Is Public Domain Architecture?
B. Architectural Plans
C. Constructed Buildings

10. Maps

A. Has Copyright in the Map Expired?
B. Is the Map in the Public Domain Due to Lack of a Copyright Notice?
C. Was the Map Created by the U.S. Government?
D. Is the Map Eligible for Copyright Protection?
E. Are Elements of the Map in the Public Domain?
F. Sources of Public Domain Maps

11. Choreography

A. Deciding If Choreography Is in the Public Domain
B. Sources of Public Domain Choreography

12. Databases and Collections

Part I: Databases

A. Is the Work a Database?
B. Does the Database Lack Creativity?
C. Was the Database Created by the U.S. Government?
D. Has the Copyright in the Database Expired?
E. Is the Database in the Public Domain for Lack of a Copyright Notice?
F. Is the Database Protected by Means Other Than Copyright?

Part II: Collections of Public Domain Works

G. Are the Collected Materials in the Public Domain?
H. Does the Collection Lack Minimal Creativity?
I. Is It a De Minimis Collection?
J. Is It a U.S. Government Collection?
K. Has the Collection's Copyright Expired?
L. Is the Collection in the Public Domain for Lack of a Copyright Notice?
M. Is the Collection Protected by Means Other Than Copyright?

13. Titles

A. Titles of Copyrighted Works
B. Titles of Public Domain Works
C. Using Disclaimers to Avoid Public Confusion
D. Titles Used on Merchandise and Other Products
E. The First Amendment and Titles

14. Public Domain Elements in Copyrighted Writings

A. Ideas
B. Facts
C. Unprotected Elements in Works of Fiction
D. Unprotected Elements in Works of Fact

15. Copyrights Restored From the Public Domain

A. The GATT Agreement
B. What Works Were Restored?
C. Which Works Were Not Restored?
D. Who Owns Restored Works?
E. Copyright Infringement of Restored Works

16. The Public Domain Outside the United States

A. Introduction
B. Copyright Duration in Other Countries
C. The Rule of the Shorter Term
D. Researching Foreign Copyright Laws

17. The Internet and the Public Domain

A. Overview of the Internet
B. Two Preliminary Rules
C. Internet Content in the Public Domain
D. Potential Problems Using Public Domain Materials on the Internet
E. Hyperlinks and the Public Domain
F. Copyright and the Internet's Global Dimension

18. Copyright Protection: How Long Does It Last?

A. Works First Published in the United States
B. Copyright Term for Unpublished Works
C. Works First Published Outside the United States

19. Copyright Notice Requirements

A. Copyright Notices and the Public Domain
B. Does the Work Lack a Valid Notice?
C. Is a Copyright Notice Required?
D. Is the Omission of a Valid Notice Excused?
E. What If You Make a Mistake?

20. Traps for the Unwary: Trademark and Publicity Rights

A. Should You Worry About Trademark or Publicity Problems?
B. The Right of Publicity
C. Trademarks

21. Researching Copyright Office Records

A. Researching Copyright Renewal Records for Works Published 1923-1963
B. Researching Copyright Registration Records

22. What If a Work Is Not in the Public Domain?

A. Find Another Public Domain Work
B. Obtain Permission to Use the Work
C. Use the Work Without Permission on the Grounds of Fair Use

23. Help Beyond This Book

A. Doing Your Own Legal Research
B. More Information on Intellectual Property Law
C. Working With an Attorney

Appendixes

A. Popular Songs in the Public Domain
B. Roman Numeral Conversions
C. Public Domain Documentation Worksheet

Index

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