Copyright laws aim to strike a compromise between authors’ rights and the public’s right to access and use their works. Even authors benefit from the ability to access and use the works of previous authors, which inspires them and aids in the development of new works. This balance between author and public rights is achieved through the public domain and copyright limits.
What is the public domain, exactly?
Works that are not copyrighted and hence open to using without permission from or payment to the original author are included in the public domain. It means that works in the public domain can be freely copied, transmitted, edited, performed, and shown as if they were owned by the general public.
When does a work become public domain?
When the copyright protection on a work expires, it is released into the public domain. As previously noted, copyright protection lasts between 50 and 70 years after the author’s death, depending on the country.
They aren’t covered by copyright protection. Copyright protection does not apply to facts or lists. As a result, both the ingredients in a recipe and the dates on a calendar are public information. The description of how to use the ingredients in a recipe and the artwork in a calendar, on the other hand, maybe considered unique and creative expressions and so protected by Copyright.
Furthermore, official records in some countries are not covered by Copyright. For example, the National Aeronautics and Space Administration (NASA) is a US government agency that produces a large number of images and films that do not qualify for copyright protection and consequently fall into the public domain.
What are the rules for using works in the public domain?
Anyone can use works in the public domain in whatever way they want. Take, for example, Edvard Munch’s painting The Scream. This artwork has been reproduced as posters, art books, inflatable dolls, key chains, cartoons, and an endless number of other items since it was released into the public domain. For the commercial usage of this public domain work, the various companies who sell these copies are not obligated to pay any royalties.
- The work must not be a copy of another’s work.
When looking for public domain works to use in your new projects, be sure you’re using the original, public domain version, not a derivative work that may still be copyright protected. The original text by Lewis Carroll and illustrations by John Tenniel for Alice’s Adventures in Wonderland, published in 1865, are in the public domain and can be freely used by anybody. The movie, paintings, cartoon characters, merchandising, and other works created by Walt Disney in 1951 as an adaptation of Lewis Carroll’s original Alice, however, are still copyrighted and cannot be used without the consent of The Walt Disney Company.
What are derivative works, and how do they differ from original works?
Various authors frequently incorporate material from the public domain into new works. When an original work is translated, edited, or transformed in any manner, the resulting work is referred to as a derivative work. Copyright protects derivative works even if the source works from which they were created are in the public domain. The individual who created the derivative work is the Copyright’s creator and owner. Anyone who intends to duplicate, translate, adapt, or otherwise use a copyrighted derivative work must first obtain permission from the derivative work’s inventor.
- Be wary of the Related Right that comes with Copyrighted Public Domain content.
When looking for work in the public domain, keep in mind the accompanying rights. While classical music works such as Chopin’s are now in the public domain, future performances and recordings may be protected under related rights. It means you can play the original music in public or use parts of it in a song you’re developing. The recordings of this composition that are still protected by associated rights, on the other hand, cannot be duplicated, disseminated, broadcasted, or utilized in any other way.
What are the best places to look for works in the public domain?
Many classical or traditional works are in the public domain because they are old enough. On the other hand, finding more recent works in the public domain isn’t always easy. Following these strategies, while looking for work in the public sector, as we’ve seen, can be fruitful.
- Gain a thorough understanding of the complexities of copyright and related rights protection in your country.
It details how long they last for each sort of work, as well as which words aren’t protected. Check to see if your country and the countries where the works were created are members of the Berne Convention on the protection of works not created in your country. Check to discover if your country adheres to the shorter-term rule, which might assist you in determining whether a work that is already in the public domain in the country where it was created is also in the public domain in your country.
Specify the work that will be used.
Determine if the work you want to use is the original or a derivative work, as the latter may be subject to additional copyright and related rights.
- Look over the copyright notice and the usage terms.
This notice should help you figure out who owns what rights and what rights are reserved. This stage is critical while seeking work on the internet.
- Look for the Copyright logo.
Examine whether the work is protected by another type of intellectual property, such as trademarks (typically indicated by the symbols ® or TM).
If you’re still not sure if the work is in the public domain after doing these simple tests, you should seek permission before using it.
