Public Domain

Public Domain After “limited times” in a marketplace Fulfills balance between society and artists/producers/inventors Concept comes from what statute??? Publicly available works; after IP protection expires, or copyright “term” expires No license to use, FREE to use, no attribution 1998 CTEA added 20 years to copyright term, which meant no new works would pass into PD until 2019

What Works are PD? All pre 1923 published works are PD (unpublished could be protected by life +70) Works published with © from 1923-1963 w/out renewal. If term was renewed, still protected Works published w/out © from 1923-1977 Works published w/out © from 1978-March 1, 1989 (had to register w/in 5 years of publishing)

Berne Convention Act of 1988 1886, international copyright agreement 1790 Act only protected US authors=PIRACY! Went into effect March 1, 1989 U.S. refused to enter agreement 1. Europe has strong moral rights (author's rights v. economic incentive) 2. Registration and other formalities (register, deposit and ©) Removed ©, and copyright is automatic Lack of a copyright notice does not place the work into the public domain.

Also PD... Unpublished works by authors who died before 1943 All US government and gov. employee works made “for hire”

Sound Recordings NO sound recordings!!! But underlying musical works are PD! 1972 recordings got federal copyright protection (not PD til 2067), pre 1972 subject to state / common laws Published without Ⓟ notice, 1972-1989, may be PD

Copyright Term Extension Act (1998) 1998, Sonny Bono Copyright Term Extension Act Mickey Mouse Protection Act Sonny Bono Act Added 20 years term duration 2019, most works enter PD

Eldred v. Ashcroft (2003) Supreme Court decision Eric Eldred v. MPAA, RIAA, ASCAP, BMI Challenged constitutionality of CTEA Facts: Eldritch Press, a non-profit that publishes PD books Ruling: 7-2 that CTEA was constitutional Sig: CTEA is constitutional; Congress within its rights of securing “limited times”

Types of Public Domain Works 1) Works that automatically enter PD because they are not copyrightable: Titles, names, short phrases and slogans, familiar symbols, numbers (trademark) Ideas/facts (patents) Processes and systems (patents) Gov't works 2) Works that have been assigned to PD by creator 3) Works whose terms have expired ***Most works made in our lifetimes will not pass into PD in our lifetime? Limited monopoly???

Value of PD Building block for new innovation/creation Access Education Low cost access (think patent/copyright licenses and how they affect end costs) Innovation...public interest Democracy and free speech Others? Commercial?

Where can you find PD works? Prelinger Archives: PD video, audio, images Librivox: audio books of PD books Gutenberg Project: PD books Smithsonian Institution Public Domain Image New York Times Public Domain Archives Public Domain Pictures Public Domain Musical Works Public Domain Review: archive of PD works

First Sale Doctrine Limits certain rights (DISTRIBUTION), other 4 rights are off limits (17 U.S.C. § 109) Both copyright and trademark Once a good has been lawfully sold, the rights owner has no control over the rivalrous good Allows for secondary markets (used music/book/video games, clothing, etc.) Gifting, library lending, rentals, sales of, burning Codified in 1976 Copyright Act