You can copy other people's creative work and get away with it. How? By dipping into the public domain, where everything is free for the taking.
The first book of its kind, The Public Domain is the definitive guide to the creative works that are not protected by copyright and can be copied freely. The book explains step-by-step how to recognize when a work is in the public domain, and where you can find them. Chapters cover:
writings
music
art
architecture
maps
choreography
photography
film and video
computer software and databases
Still the only book of its kind, the 2nd edition is completely updated and revised, providing the latest case law that affects anyone who needs free content for their creations.
The Adobe Reader format of this title is not suitable for use on the Pocket PC or Palm OS versions of Adobe Reader.
Are you a screenwriter looking for a novel or story to adapt? A musician who needs a song to record? A filmmaker in need of footage? An author or publisher searching for photos, graphics, or illustrations for your latest project? A website operator in search of this type of content and more? If your answer to any of these questions is "yes," you could be in luck. The content you need may be free for the taking. It may lie in a land of creative riches known as the public domain. You just have to know how to recognize and find it. This book is a type of treasure map that shows you how.
What's New in the Second Edition?
There has been considerable activity on the public domain front since the first edition of this book. For example:
In a highly publicized copyright case, the United States Supreme Court upheld the 20-year extension of the copyright term. Eldred v. Ashcroft, 537 U.S. 186 (2003). (For more information on Eldred , see Chapter 18.)
In another important case, the United States Supreme Court said there was no legal requirement to provide attribution to the creators of public domain materials. Dastar Corp. v. Twentieth Century Fox Film Corp., 124 S.Ct. 371 (2003). (For more information on Dastar, see Chapter 20.)
On January 1, 2003 millions of unpublished works entered the public domain, and more unpublished works will become public domain in future years. (See Chapter 18 for more information on this phenomenon.)
Thousands of sound recordings have, or soon will, enter the public domain in Europe and many other countries (see Chapter 16 for more information on sound recordings).
A federal court held that local laws and ordinances are in the public domain even when based on copyrighted model codes. Veeck v. Southern Building Code Congress International, Inc., 293 F.3d 791 (5th Cir. 2002). (For more on the Veeck case, see Chapter 3), and
Numerous organizations, such as the Creative Commons and Center for the Public Domain, have been formed to help protect and study the public domain. (See Chapter 2 for more information on these organizations.
A. What Is the Public Domain?
As used in this book, the words "public domain" mean creative works that for one reason or another are not protected by copyright law and are ordinarily free for all to use. There are literally billions of creative works -- including books, artwork, photos, songs, movies, and more -- in the public domain. All of these works, no matter what form they take, are called "works of authorship" or, more simply, "works."
Some of the most famous examples of public domain works that you can use in any way you choose are:
Hamlet, by William Shakespeare
Moby Dick, by Herman Melville, and
The 5th Symphony by Ludwig van Beethoven.
1. Copyright and the Public Domain
To safely use public domain works, you must first know a little about copyright law, which is a federal law that protects all kinds of works of authorship including books, magazines, newspapers and other writings, music, art and sculpture, photography, films and videos, choreography, architecture, computer software, and maps.
Table of Contents
1 Introduction to the Public Domain
2 The Use and Abuse of Copyright
3 Writings
4 Music
5 Art
6 Photography
7 Movies and Television
8 Computer Software
9 Architecture
10 Maps
11 Choreography
12 Databases and Collections
13 Titles
14 Public Domain Elements in Copyrighted Writings
15 Copyrights Restored From the Public Domain
16 The Public Domain Outside the United States
17 The Internet and the Public Domain
18 Copyright Protection:
19 Copyright Notice Requirements
20 Traps for the Unwary:
21 Researching Copyright Office Records
22 What If a Work Is Not in the Public Domain?
23 Help Beyond This Book
Appendixes
Reviews
Laurence Lessig, author of Code & Other Laws of Cyberspace...
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.
Associated Press...
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.
About the Author
Stephen Fishman received his law degree from the University of Southern California in 1979. After stints in government and private practice, he became a full-time legal writer in 1983. He has helped write and edit over a dozen reference books for attorneys. He is the author of Software Development: A Legal Guide, Copyright Your Software, The Copyright Handbook, Consultant & Independent Contractor Agreements, Wage Slave No More: Law & Taxes for the Self-Employed, and Hiring Independent Contractors: The Employer’s Legal Guide, all published by Nolo.
