What is in the Public Domain?

Creative Law Center

The public domain freeze is over. Here's how to tell if a work is in the public domain. The post What is in the Public Domain? More creative work is free for use than ever before. appeared first on Creative Law Center. Copyright & Content Protection

Museums that Give Away Open Access Images of Public Domain Work

Creative Law Center

The post Museums that Give Away Open Access Images of Public Domain Work appeared first on Creative Law Center. Copyright & Content Protection open access public domain


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Public Domain of The Living Dead


Source: Screenshot of Night of the Living Dead (1968) opening credit / Public Domain. The film curiously entered the public domain due to a slight error, allowing widespread accessibility and reproduction.

Can I Claim Publishing for Public Domain Song?

Dear Rich IP Blog

It would be improper to list yourself as the publisher of a public domain song (we assume that by "traditional" you're referring to PD music). Because public domain songs are not protected by copyright (they are free to the public) no one can claim ownership of these compositions.

Are Postage Stamps Public Domain?

Dear Rich IP Blog

Dear Rich: Which (if any) US postage stamp images are in the public domain? I have read that stamps issued prior to 1978 are in the public domain. postage stamps issued before 1971 are definitely in the public domain. postage stamps public domain

A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works

Kluwer Copyright Blog

We have recently published a white paper , authored by Julia Reda ( Gesellschaft für Freiheitsrechte ) and Paul Keller ( Open Future ) that proposes to build a public repository of Public Domain and openly licensed works.

Can I Get an ISBN for Public Domain Book?

Dear Rich IP Blog

Public domain. The French and English books were published before 1926 and are in the public domain and you are free to reproduce everything from those two versions. ISBN public domainDear Rich: I am part of an organization that is over 130 years old.

When Collective Works Are Made From the Public Domain

Dear Rich IP Blog

Speaking of the public domain, the Public Domain Review has an informative essay (“ The Mark of the Beast ”) about the first anti-vaxxers Dear Rich: I wish to reproduce photographs from a website. collective work public domain

2019 is a Huge Year for Public Domain Art

Art Law Journal

On Jan 1, 2019, we not only ushered in a new year but also an unprecedented amount of creative works entering the public domain. Public Policy Copyright Duration Fair use International Copyright Public DomainSteve Schlackman.

Is Attribution Needed When Using Public Domain Materials?

Dear Rich IP Blog

I have used public domain quotes within the novel (from Aristotle, Lincoln, etc.), According to the Supreme Court , there is no legal requirement to provide attribution when public domain works are copied and placed into new works. public domain

Do I Need Clearance in the U.S. if I Acquire Rights from a Public Domain Source Abroad?

Dear Rich IP Blog

Although most countries have placed the artist's works in the public domain (based on the life+70 years rule), the U.S. for 95 years from publication. That puts all of the artist's works published before 1925 in the public domain in the U.S.

How Can Museums Copyright the Works of Old Masters?

Art Law Journal

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Intellectual Property copyright Public DomainSteve Schlackman.

Estate Planning for Visual Artists: The Sooner The Better

Art Law Journal

Public Policy Licensing Public Domain Right of PublicityAudra Lambert. Estate Planning has some special considerations not found in traditional estate planning. Find out why it is best to begin planning for your legacy.

How Can Museums Copyright the Works of Old Masters?

Art Law Journal

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Legal Copyright & Trademarks Public Domain

How can I Find Out if a Creative Work is Copyright Free?

Art Law Journal

Art Theft & Fraud Intellectual Property Piracy Copyright Act Copyright Duration Copyright infringement Copyright Office Public DomainSteve Schlackman.

Using Orphan Works (Copyright Holder Can’t Be Located)

Art Law Journal

Intellectual Property Copyright Duration Copyright infringement Fair use Orphan Works Public DomainLouis Smoller. If the owner of a copyrighted work cannot be found, can I use it? It may be possible if you analyze the orphan work properly.

Foreign Works, US Rights: The 7th Circle of Copyright Hell?

Copyright Lately

The 1949 English-language publication of Dante’s “Inferno” was first published in the U.K. Despite these copyright notices, Nirvana is now taking the position that the “Upper Hell” illustration is in the public domain and therefore free to use.

Using Orphan Works (Copyright Holder Can’t Be Located)

Art Law Journal

Legal Copyright & Trademarks Infringements & Theft Public Domain Copyright infringement Fair use Copyright Duration Orphan WorksIf the owner of a copyrighted work cannot be found, can I use it? It may be possible if you analyze the orphan work properly.

How Can I Make Sure I Get Credit for My Work?

Dear Rich IP Blog

These photos are in the public domain and free for anyone to copy. Pre-existing works might include your public domain photos, a foreword by a third party, or any previously registered or previously published works that are included in your book.

Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

Trademark and Copyright Law Blog

New Copyrighted Works Enter the Public Domain: In 1998, the Sonny Bono Copyright Term Extension Act added 20 years to the term of copyright protection for pre-1976 works, and paused the annual expiration of copyright on older works for 20 years.

The College Art Association Guide to Fair Use

Art Law Journal

Intellectual Property Copyright Act Copyright infringement Fair use featured FIne Art Public DomainNicole Martinez. Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts.

What Artists Need to Know About Net Neutrality Rules

Art Law Journal

Public Policy Art Law FCC Internet Service Providers Public DomainChris Reed. The FCC is considering revoking net neutrality rules, which guarantee fair and free access to content on the internet. Here's what artists need to know about the current net neutrality framework.

Is "The Naked Kiss" Missing Copyright Notice?

Dear Rich IP Blog

Does the absence of the insignia mean that the film is public domain? Nowadays, the publication of a film without copyright notice won't effect ownership, but in 1964, the penalty was draconian. notice omission public domain

How Lulu Lost Her Mark

Dear Rich IP Blog

My understanding is that all publicity photos taken back in the 1920s and 1930s were never copyrighted, therefore, in the public domain, especially if the photographer is unidentified. The public domain. public domain trademark

Sing It!Judge Rules Warner-Chappell Does Not Own Copyright in “Happy Birthday” Lyrics

Shades of Gray

” The lawsuit addressed only the lyrics, as the parties agreed that the music passed into the public domain long ago. It is important to note that, contrary to various assertions by commentators online, that the opinion does not hold that the lyrics are in the public domain. Authorship Ownership Transfers authorship Central District of California formalities Happy Birthday ownership public domain

Music 40

17 Copyright and/or Plagiarism Stories for Halloween

Plagiarism Today

How a Copyright Mistake Created the Modern Zombie : The second in the Creepy Copyright Mondays series was an explainer on how Night of the Living Dead , one of the most iconic zombie films, fell into the public domain.

ITC Should Recalibrate Approach To Adjudicating Redesigns

IP Law 360

International Trade Commission opinion in Polycrystalline Diamond Compacts shows that the commission's approach to adjudicating redesigned products disclosed during Section 337 investigations does not properly balance patent holders' rights and the public domain, is highly unpredictable, and needs to be overhauled, says Derek Dahlgren at Devlin Law Firm The recent U.S.

5 Thanksgiving Copyright and/or Plagiarism Stories

Plagiarism Today

4: What the ICE Domain Seizures Mean for You. Immigrations and Customs Enforcement (ICE) seized some 82 domains that it claimed where trafficking in either counterfeit or trademark infringing goods. 5: 5 Public Domain Christmas Songs (And 5 That Aren’t).

IP Forecast: Taylor Swift Seeks To Shake Off Copyright Case

IP Law 360

Taylor Swift's lawyers will argue next week in a California federal court that lyrics from her 2014 hit "Shake It Off" about "players" and "haters" are well within the public domain and don't rip off an R&B song from 2001.

Copyright Search

Biswajit Sarkar Copyright Blog

It has valuable information about the public domain status and copyright ownership. Further, one can view the application details such as type of work, publication status, etc. Copyright Search in India.

Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

How to Use Song Lyrics in Your Fiction [INFOGRAPHIC]

Creative Law Center

To use song lyrics in your fiction, you need to: (1) Use a song in the public domain; (2) Get permission; (3) Establish fair use ; or (4) Not do it.

Disney's Expiring Copyright Gives Rise to 'Famous Mouse' Token

LexBlog IP

The public domain is, broadly speaking, a good thing for both consumers and creators, although the creators of the original work passing into the public domain might feel differently were they still alive to put up a fuss.


JIPL Online

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] When Netflix does settle, the public does not know the specifics. By: Baylee Carter.

Swiss Supreme Court invalidates the Nespresso Capsule 3D Mark

The IPKat

The lower court considered that, while the mark was not technically necessary (which would have led to the invalidity of the trade mark regardless of acquired distinctiveness), the trade mark was part of the public domain and Nestlé failed to prove that the trademark had acquired distinctiveness.

How to understand the power of the personal name

The IPKat

Picture on lower left is a faithful photographic reproduction of a two-dimensional, public domain work of art. The work of art itself is in the public domain as the author died in 1926. Picture on upper right is in the public domain.

Patent Renewal in India

Biswajit Sarkar Copyright Blog

In the case that you do not renew your patent it will cease to exist and be available in public domain. The person should apply through Form 14 within 2 months from the date of publication of the application for restoration. Patents in India are granted for a period of 20 years.

Disney+ ‘Behind the Attraction’ Accused of Plagiarism

Plagiarism Today

They have a lengthy and aggressive history when it comes to protecting their rights , even as many of their stories are based on public domain tales. However, what may be best for Disney in a court of law could be actively working against them in the court of public opinion.

45 Years Ago Today, a New US Copyright Act Became the Law of the Land

Velocity of Content

The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978.

Mangabank “Suffers DDoS Attack” & Disappears Following Legal Action


The application, which seeks the help of both Google and Hurricane Electric to identify the people behind the domains, is yet to be granted. At the time of writing, Mangabank and the associated domains listed in the discovery application are all down and presumably out.

ResearchGate Removes 200,000 ‘Infringing’ Files After Takedown Tidal Wave


Most of the top publications are monetized by major publishers, which means that they are locked behind a paywall. In addition to simply connecting to other academics, the site also allows members to share ‘their’ publications. This can include their own publications.

To be or not to be (a pattern mark) – that is the question!

The IPKat

Universal Public Domain Dedication license. Picture on the left is of a painting by Vincent van Gogh ("Pair of shoes") and is in the public domain. With apologies to Hamlet--when is a mark a pattern mark?

Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry


the Delhi High Court said that a patent is a property right, which the state grants to inventors in exchange of their covenant to share in detail with the public. We’re pleased to bring to you a guest post by Pragya Jain. Pragya is a 4th year B.A. L.L.B.(Hons.)