Table of Contents

Your Legal Companion

1. Introduction to the Public Domain

What Is the Public Domain?
Dealing With Public Domain Gray Areas
What If Someone Challenges Your Public Domain Claim?
Documenting Your Use of Public Domain Materials

2. The Use and Abuse of Copyright

What Copyright Protects
The Looting of the Public Domain

3. Writings

What Can You Do With Public Domain Writings?
Determining Copyright Status of Written Works
Is the Work Eligible for Copyright Protection?
Has the Work Been Published?
Has the Work’s Copyright Expired?
Is the Work in the Public Domain Due to Lack of a Copyright Notice?
Does a Copyright Trap Apply?
Misuse of Copyright Notices
Sources of Public Domain Writings

4. Music

The Difference Between Music and Sound Recordings
What Can You Do With Public Domain Sheet Music?
Has the Sheet Music Been Published?
Has the Copyright in the Music Expired?
Is the Music in the Public Domain Due to Lack of a Copyright Notice?
Is It a Derivative Work?
Is It an Arrangement or Adaptation?
Is the Music a Collective Work?
Does the Music Have Public Domain Elements?
Sources of Public Domain Sheet Music
Sound Recordings

5. Art

Part I: Original Works of Art
What Good Is Public Domain Art?
Deciding If Original Art Is in the Public Domain
Has the Art Been Published?
Has the Copyright in the Art Expired?
Is the Art in the Public Domain Due to Lack of a Copyright Notice?
Is the Artwork Eligible for Copyright Protection?
Do You Intend to Use the Art in Advertising or on Merchandise?
Is the Art Protected by a Design Patent?
Sources of Original Art
Part II: Art Reproductions
Is the Original Work of Art in the Public Domain?
Has the Reproduction Been Published?
Has the Copyright in the Reproduction Expired?
Is the Reproduction in the Public Domain Due to Lack of a Copyright Notice?
Does the Reproduction Lack Originality?
Is the Reproduction Dedicated to the Public Domain?
Will You Use the Reproduction in Advertising or on Merchandise?
Are Elements of the Reproduction in the Public Domain?
Sources of Art Reproductions

6. Photography

What Good Are Public Domain Photographs?
Deciding Whether Photographs Are in the Public Domain
Sources of Public Domain Photographs

7. Movies and Television

Part I: Films
What Good Are Public Domain Films?
Has the Film Been Published?
Has the Copyright Expired?
Is the Film in the Public Domain Due to Lack of a Copyright Notice?
Is the Film Protected by Copyright?
Does the Film Contain Copyrighted Visual Art?
Do You Plan to Use the Film for Advertising or Other Commercial Purposes?
Part II: Television Programs
Has the Television Program’s Copyright Expired?
Is the Television Program in the Public Domain Due to Lack of a Copyright Notice?
Is It a U.S. Government TV Program?
Does the Program Contain Copyrighted Visual Art?
Will You Be Using Public Domain TV Programs for Advertising or Other Commercial Purposes?
Sources of Public Domain Films and TV Programs

8. Computer Software

Is the Software Dedicated to the Public Domain?
Was the Software Created by the U.S. Government?
Has the Copyright in the Software Expired?
Is the Software in the Public Domain Due to Lack of a Copyright Notice?
Sources of Public Domain Software

9. Architecture

What Good Is Public Domain Architecture?
Architectural Plans
Constructed Buildings

10. Maps

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

11. Choreography

Deciding If Choreography Is in the Public Domain
Sources of Public Domain Choreography

12. Databases and Collections

Part I. Databases
Is the Work a Database?
Does the Database Lack Creativity?
Was the Database Created by the U.S. Government?
Has the Copyright in the Database Expired?
Is the Database in the Public Domain for Lack of a Copyright Notice?
Is the Database Protected by Means Other Than Copyright?
Part II: Collections of Public Domain Works
Are the Collected Materials in the Public Domain?
Does the Collection Lack Minimal Creativity?
Is It a De Minimis Collection?
Is It a U.S. Government Collection?
Has the Collection’s Copyright Expired?
Is the Collection in the Public Domain for Lack of a Copyright Notice?
Is the Collection Protected by Means Other Than Copyright?

13. Titles

Titles of Copyrighted Works
Titles of Public Domain Works
Using Disclaimers to Avoid Public Confusion
Titles Used on Merchandise and Other Products
The First Amendment and Titles

14. Public Domain Elements in Copyrighted Writings

Ideas
Facts
Unprotected Elements in Works of Fiction
Unprotected Elements in Works of Fact

15. Copyrights Restored From the Public Domain

The GATT Agreement
What Works Were Restored?
Which Works Were Not Restored?
Who Owns Restored Works?
Copyright Infringement of Restored Works

16. The Public Domain Outside the United States

Introduction
Copyright Duration in Other Countries
The Rule of the Shorter Term
Researching Foreign Copyright Laws

17. The Internet and the Public Domain

Two Preliminary Rules
Internet Content in the Public Domain
Potential Problems Using Public Domain Materials on the Internet
Hyperlinks and the Public Domain
Copyright and the Internet’s Global Dimension

18. Copyright Protection: How Long Does It Last?

Works First Published in the United States
Copyright Term for Unpublished Works
Works First Published Outside the United States

19. Copyright Notice Requirements

Copyright Notices and the Public Domain
Does the Work Lack a Valid Notice?
Is a Copyright Notice Required?
Is the Omission of a Valid Notice Excused?
What If You Make a Mistake?

20. Traps for the Unwary: Trademark and Publicity Rights

Should You Worry About Trademark or Publicity Problems?
The Right of Publicity
Trademarks

21. Researching Copyright Office Records

Researching Copyright Renewal Records for Works Published 1923-1963
Researching Copyright Registration Records

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

Find Another Public Domain Work
Obtain Permission to Use the Work
Use the Work Without Permission on the Grounds of Fair Use

Index

Back to Top