1. Public Domain

2. 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

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All pre 1923 published works are PD (unpublished could be protected by life +70)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

5. 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.

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 Unpublished works by authors who died before 1943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

7. 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, , may be PD

8. 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

9. 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”

10. 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???

11. 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?

12. 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

13. 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