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

by Fishman, Stephen

• ISBN13: 9780873374330
• ISBN10: 0873374339
• Edition: 1st
• Format: Paperback
• Copyright: 2001-01-01
• Publisher: Nolo

Summary

With chapters on writings, music, art, architecture, maps, choreography, photography, film, and video, this is the definitive guide to the public domain, the creative works that are not protected by copyright and can be obtained freely or otherwise used without paying permission fees. Illustrations.

Table of Contents

Introduction to the Public Domain
What Is the Public Domain?	2	(6)
Dealing With Public Domain Gray Areas	8	(3)
What If Someone Challenges Your Public Domain Claim?	11	(1)
Documenting Your Use of Public Domain Materials	12	(4)
How to Use This Book	16
The Use and Abuse of Copyright
What Copyright Protects	2	(6)
The Looting of the Public Domain	8
Writings
What Can You Do With Public Domain Writings?	4	(4)
Checklist for Determining Copyright Status	8	(3)
Is the Work Eligible for Copyright Protection?	11	(17)
Has the Work Been Published?	28	(6)
Has the Work's Copyright Expired?	34	(1)
Is the Work in the Public Domain Due to Lack of a Copyright Notice?	34	(1)
Does a Copyright Trap Apply?	35	(13)
Misuse of Copyright Notices	48	(2)
Sources of Public Domain Writings	50
Music
The Difference Between Music and Sound Recordings	4	(1)
What Can You Do With Public Domain Sheet Music?	5	(5)
Has the Sheet Music Been Published?	10	(8)
Has the Copyright in the Music Expired?	18	(1)
Is the Music in the Public Domain Due to Lack of a Copyright Notice?	19	(1)
Is It a Derivative Work?	19	(2)
Is It an Arrangement or Adaptation?	21	(13)
Is the Music a Collective Work?	34	(3)
Does the Music Have Public Domain Elements?	37	(3)
Sources of Public Domain Sheet Music	40	(4)
Sound Recordings	44
Art
Original Works of Art	4	(1)
What Good Is Public Domain Art?	5	(2)
Deciding If Original Art Is in the Public Domain	7	(1)
Has the Art Been Published?	8	(4)
Has the Copyright in the Art Expired?	12	(1)
Is the Art in the Public Domain Due to Lack of a Copyright Notice?	13	(1)
Is the Artwork Eligible for Copyright Protection?	14	(8)
Do You Intend to Use the Art in Advertising or on Merchandise?	22	(1)
Is the Art Protected by a Design Patent?	23	(2)
Sources of Original Art	25	(2)
Art Reproductions	26	(1)
Is the Original Work of Art in the Public Domain?	27	(1)
Has the Reproduction Been Published?	28	(1)
Has the Copyright in the Reproduction Expired?	28	(1)
Is the Reproduction in the Public Domain Due to Lack of a Copyright Notice?	29	(1)
Does the Reproduction Lack Originality?	29	(5)
Is the Reproduction Dedicated to the Public Domain?	34	(1)
Will You Use the Reproduction in Advertising or on Merchandise?	35	(1)
Are Elements of the Reproduction in the Public Domain?	35	(1)
Sources of Art Reproductions	36
Photography
What Gzod Are Public Domain Photographs?	3	(2)
Deciding Whether Photographs Are in the Public Domain	5	(8)
Sources of Public Domain Photographs	13
Movies and Television
Films	4	(1)
What Good Are Public Domain Films?	5	(1)
Has the Film Been Published?	6	(2)
Has the Copyright Expired?	8	(7)
Is the Film in the Public Domain Due to Lack of a Copyright Notice?	15	(1)
Is the Film Protected by Copyright?	16	(2)
Does the Film Contain Copyrighted Visual Art?	18	(1)
Do You Plan to Use the Film for Advertising or Other Commercial Purposes?	19	(2)
Television Programs	20	(1)
Has the Television Program's Copyright Expired?	21	(2)
Is the Television Program in the Public Domain Due to Lack of a Copyright Notice?	23	(1)
Is It a U.S. Government TV Program?	24	(1)
Does the Program Contain Copyrighted Visual Art?	25	(1)
Will You Be Using Public Domain TV Programs for Advertising or Other Commercial Purposes?	25	(1)
Sources of Public Domain Films and TV Programs	26	(1)
The U.S. Government	26	(5)
Film Archives	31
Computer Software
Is the Software Dedicated to the Public Domain?	3	(5)
Was the Software Created by the U.S. Government?	8	(1)
Has the Copyright in the Software Expired?	9	(1)
Is the Software in the Public Domain Due to Lack of a Copyright Notice?	9	(1)
Does the Copyrighted Software Contain Public Domain Elements?	10	(7)
Sources of Public Domain Software	17
Architecture
What Good Is Public Domain Architecture?	3	(1)
Architectural Plans	4	(7)
Constructed Buildings	11
Maps
Has Copyright in the Map Expired?	4	(1)
Is the Map in the Public Domain Due to Lack of a Copyright Notice?	5	(1)
Was the Map Created by the U.S. Government?	5	(1)
Is the Map Eligible for Copyright Protection?	6	(1)
Are Elements of the Map in the Public Domain?	7	(2)
Sources of Public Domain Maps	9
Choreography
Deciding If Choreography Is in the Public Domain	3	(4)
Sources of Public Domain Choreography	7
Databases and Collections
Databases	4	(2)
Is the Work a Database?	6	(3)
Does the Database Lack Creativity?	9	(3)
Was the Database Created by the U.S. Government?	12	(3)
Has the Copyright in the Database Expired?	15	(1)
Is the Database in the Public Domain for Lack of a Copyright Notice?	16	(1)
Is the Database Protected by Means Other Than Copyright?	17	(6)
Collections of Public Domain Works	21	(2)
Are the Collected Materials in the Public Domain?	23	(2)
Does the Collection Lack Minimal Creativity?	25	(1)
Is It a De Minimis Collection?	26	(1)
Is It a U.S. Government Collection?	27	(1)
Has the Collection's Copyright Expired?	27	(1)
Is the Collection in the Public Domain for Lack of a Copyright Notice?	27	(1)
Is the Collection Protected by Means Other Than Copyright?	28
Titles
Titles of Copyrighted Works	2	(4)
Titles of Public Domain Works	6	(2)
Using Disclaimers to Avoid Public Confusion	8	(1)
Titles Used on Merchandise and Other Products	9	(1)
The First Amendment and Titles	9
Public Domain Elements in Copyrighted Writings
Ideas	2	(5)
Facts	7	(3)
Unprotected Elements in Works of Fiction	10	(4)
Unprotected Elements in Works of Fact	14
Copyrights Restored From the Public Domain
The GATT Agreement	2	(1)
What Works Were Restored?	2	(4)
Which Works Were Not Restored?	6	(4)
Who Owns Restored Works?	10	(1)
Copyright Infringement of Restored Works	10
The Public Domain Outside the United States
Introduction	2	(3)
Copyright Duration in Other Countries	5	(7)
The Rule of the Shorter Term	12	(2)
Researching Foreign Copyright Laws	14
The Internet and the Public Domain
Overview of the Internet	2	(1)
Two Preliminary Rules	3	(2)
Internet Content in the Public Domain	5	(5)
Potential Problems Using Public Domain Materials on the Internet	10	(7)
Hyperlinks and the Public Domain	17	(2)
Copyright and the Internet's Global Dimension	19
Copyright Protection: How Long Does It Last?
Works First Published in the United States	4	(4)
Copyright Term for Unpublished Works	8	(4)
Works First Published Outside the United States	12
Copyright Notice Requirements
Copyright Notices and the Public Domain	2	(1)
Does the Work Lack a Valid Notice?	3	(5)
Is a Copyright Notice Required?	8	(5)
Is the Omission of a Valid Notice Excused?	13	(5)
What If You Make a Mistake?	18
Traps for the Unwary: Trademark and Publicity Rights
Should You Worry About Trademark or Publicity Problems?	2	(1)
The Right of Publicity	3	(5)
Trademarks	8
Researching Copyright Office Records
Researching Copyright Renewal Records for Works Published 1923-1963	2	(22)
Researching Copyright Registration Records	24
What If a Work Is Not in the Public Domain?
Find Another Public Domain Work	2	(1)
Obtain Permission to Use the Work	2	(2)
Use the Work Without Permission on the Grounds of Fair Use	4
Help Beyond This Book
Doing Your Own Legal Research	2	(1)
More Information on Intellectual Property Law	3	(8)
Working With an Attorney	11
Appendixes
A Popular Songs in the Public Domain
B Roman Numeral Conversions
C Public Domain Documentation Worksheet