Public Domain. After a “limited monopoly” in a marketplace Fulfills balance between society and artists/producers/inventors Concept comes from what statute???

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Presentation transcript:

Public Domain

After a “limited monopoly” 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 All pre 1923 published works are PD (unpublished could be protected by life +70) Works published with © from w/out renewal (could have been renewed for 67 years) Works published w/out © from Works published w/out © from 1978-March 1, 1989 (had to register w/in 5 years of publishing) NOT sound recordings!!! But musical works! – 1972 recordings get federal copyright protection (not PD til 2067), pre 1972 subject to state laws

Berne Convention Act of , 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 (deposit and ©) Removed ©, and copyright is automatic Lack of a copyright notice does not place the work into the public domain.

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) Others? Commercial?

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

Eldred v. AshcroftEldred 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 it's rights of securing “limited times”

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