Website and Software Permissions
C.
Works That Are in the Public Domain
The general nature of copyright protection is discussed in Chapter 3. If you haven't read that material, do so now. Copyright protects all original works of authorship. This includes, but is not limited to, writings of all kinds, music, sound recordings, paintings, sculptures and other works of art, photographs, software, film, and video.
Luckily for Web and software developers, however, not every work of authorship ever created is currently protected by copyright -- not by a long shot. A work that is not protected by copyright is said to be in the "public domain"; in effect, it belongs to everybody. Anyone is free to use it without asking permission, but no one can ever own the work again. By using public domain materials, a developer can avoid going through the time, trouble, and
expense involved in getting permission to use copyrighted materials.
Following is a brief description of the types of materials that are in the public domain. However, to determine whether a particular work is in the public domain, refer to The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More, by Stephen Fishman (Nolo).
Things That Are Never Protected by Copyright
Certain works of authorship and other items are never protected by copyright and are therefore always in the public domain. These include:
- Ideas and facts: Because copyright only protects an author's expression, ideas and facts themselves are not protected.
- Words, names, titles, slogans, and other short phrases: Individual words are always in the public domain, even if they are invented by a particular person. However, these items may be protected under state and federal trademark laws if they are used to identify a product or service. (See Chapter 10.)
- United States government works: All works created by U.S. government employees as part of their jobs are in the public domain. This includes, for example, everything printed by the U.S. Printing Office, NASA photographs, the president's speeches and publications, and other works by federal agencies. But this rule does not apply to works by state and local government employees; those works may be protected by copyright.
Works Whose Copyright Has Expired
Another large category of public domain works are those whose copyright has expired. As of 2007, every work published in the United States before 1923 is in the public domain in the U.S. Many works initially published in the U.S. during 1923-1963 are also in the public domain because their copyrights were never renewed.
Works Dedicated to the Public Domain
The owners of some works have decided they don't want them to be protected by copyright and dedicate them to the public domain. For example, some software has been dedicated to the public domain. There are no formal procedures for dedicating a work to the public domain. The author just has to indicate on the work that no copyright is claimed.
Public Domain Works Are Not Always Freely Available
The fact that a work is in the public domain does not necessarily mean that it is freely
available for use by a developer. Although the copyright in a work may have expired, the work itself may still be owned by someone, who may restrict or charge for access to it.
This is usually not a problem for written works, which can be found in bookstores and libraries, but it is a problem for other types of works. For example, all works of art published in the United States before 1923 are in the public domain, but recent photographs of them may not be. Museums and individual collectors usually control access to valuable works of art that are in the public domain and often own all available photographs of such works.
Getting permission to use such photographs or to take new ones can be difficult and
expensive.
Fees may also have to be paid to obtain access to and make use of public domain photographs, film, and music from collectors, private archives, and other sources.
Back to Top
|
