Even though you've always been told otherwise, writers and artists can copy other people's work and get away with it. How? By dipping into the public domain, where everything is free for the taking.
The Public Domain is the only book that helps you find and identify what creative works are protected by copyright- and what's not. The book provides specific information about:
writings
music
art
photography
architecture
maps
choreography
movies and video
software
databases
collections
The 4th edition is crisper, fresher and completely updated with new case law, and includes information on the emergence of the "copyright commons." The book also provides hundreds of resources to help you find public-domain works.
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 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.
The owner of a work protected by copyright is given a bundle of exclusive rights, including:
reproduction rights -- that is, the right to make copies of a protected work
distribution rights -- that is, the right to sell or otherwise distribute copies to the public
the right to create adaptations (also known as "derivative works") -- that is, the right to prepare new works based on the protected work, and
performance and display rights -- that is, the right to perform a protected work in public, such as a stageplay, or display a work in public.
If someone wrongfully uses material covered by a copyright, the owner can sue to obtain compensation for any losses suffered. In this sense, a copyright is a type of property -- it belongs to its owner and the courts can be asked to punish anyone who uses it without permission.
However, copyright protection does not last forever, and some works are not entitled to any copyright protection at all. When a work enters the public domain for any reason, the rights listed above do not apply. In other words, the work can be freely copied, distributed, adapted, or performed or displayed in public without asking any-one's permission or paying a fee. For example, you don't need to obtain permission to copy and distribute a play by Shakespeare, adapt it into a movie, or perform it in public. That is because Shakespeare's plays were first published so long ago that copyright law does not protect them.
"Public domain" means what it says -- public domain works belong to the public as a whole. Anyone is free to use them any way they wish. No one can ever obtain copyright protection for public domain material. Once a work enters the public domain it usually stays there forever. (See Chapter 2 for a more detailed discussion of copyright law.)
Synopsis
Need content? It's free for the taking!
Table of Contents
Your Legal Companion
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: How Long Does It Last?
19. Copyright Notice Requirements
20. Traps for the Unwary: Trademark and Publicity Rights
21. Researching Copyright Office Records
22. What If a Work Is Not in the Public Domain?
Index
Reviews
Laurence Lessig, author,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."
James Coates, Chicago Tribune...
"A superb offering showing how to avoid lawsuits by getting one's hands on thousands of public domain songs, movies and manuscripts that can be used on websites or anywhere else free of charge."
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 Creator
Stephen Fishman is the author of many Nolo books, most recently Tax Deductions for Professionals. Other titles include Deduct It! Lower Your Small Business Taxes, Every Landlord's Tax Deduction Guide and Home Business Tax Deductions: Keep What You Earn--plus many other legal and business books. He received his law degree from the University of Southern California in 1979. After time in government and private practice, he became a full-time legal writer in 1983.
