The public domain : how to find & use copyright-free writings, music, art & more / Stephen Fishman.
2012
KF3022 .F575 2012 (Map It)
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Details
Author
Title
The public domain : how to find & use copyright-free writings, music, art & more / Stephen Fishman.
Published
Berkeley, CA : Nolo, 2012.
Call Number
KF3022 .F575 2012
Edition
Sixth edition.
ISBN
9781413317213 (pbk.)
1413317219 (pbk.)
9781413317343 (ebk.)
1413317340 (ebk.)
1413317219 (pbk.)
9781413317343 (ebk.)
1413317340 (ebk.)
Description
446 pages : illustrations ; 23 cm
System Control No.
(OCoLC)753632979
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Your Legal Companion
1
1.
Introduction to the Public Domain
3
What Is the Public Domain?
4
Dealing With Public Domain Gray Areas
11
What If Someone Challenges Your Public Domain Claim?
14
Documenting Your Use of Public Domain Materials
15
2.
The Use and Abuse of Copyright
17
What Copyright Protects
18
The Looting of the Public Domain
24
3.
Writings
31
What Can You Do With Public Domain Writings?
33
Determining Copyright Status of Written Works
38
Is the Work Eligible for Copyright Protection?
38
Has the Work Been Published?
60
Has the Work's Copyright Expired?
67
Is the Work in the Public Domain Due to Lack of a Copyright Notice?
67
Does a Copyright Trap Apply?
68
Misuse of Copyright Notices
80
Sources of Public Domain Writings
81
4.
Music
87
The Difference Between Music and Sound Recordings
89
What Can You Do With Public Domain Sheet Music?
90
Has the Sheet Music Been Published?
94
Has the Copyright in the Music Expired?
101
Is the Music in the Public Domain Due to Lack of a Copyright Notice?
101
Is It a Derivative Work?
102
Is It an Arrangement or Adaptation?
103
Is the Music a Collective Work?
115
Does the Music Have Public Domain Elements?
118
Sources of Public Domain Sheet Music
120
Sound Recordings
121
5.
Art
127
pt. I
Original Works of Art
129
What Good Is Public Domain Art?
129
Deciding If Original Art Is in the Public Domain
132
Has the Art Been Published?
132
Has the Copyright in the Art Expired?
137
Is the Art in the Public Domain Due to Lack of a Copyright Notice?
137
Is the Artwork Eligible for Copyright Protection?
138
Do You Intend to Use the Art in Advertising or on Merchandise?
146
Is the Art Protected by a Design Patent?
147
Sources of Original Art
148
pt. II
Art Reproductions
149
Is the Original Work of Art in the Public Domain?
149
Has the Reproduction Been Published?
149
Has the Copyright in the Reproduction Expired?
150
Is the Reproduction in the Public Domain Due to Lack of a Copyright Notice?
150
Does the Reproduction Lack Originality?
150
Is the Reproduction Dedicated to the Public Domain?
156
Will You Use the Reproduction in Advertising or on Merchandise?
157
Are Elements of the Reproduction in the Public Domain?
157
Sources of Art Reproductions
157
6.
Photography
159
What Good Are Public Domain Photographs?
160
Deciding Whether Photographs Are in the Public Domain
160
Sources of Public Domain Photographs
169
7.
Movies and Television
171
pt. I
Films
173
What Good Are Public Domain Films?
173
Has the Film Been Published?
174
Has the Copyright Expired?
176
Is the Film in the Public Domain Due to Lack of a Copyright Notice?
184
Is the Film Protected by Copyright?
184
Does the Film Contain Copyrighted Visual Art?
186
Do You Plan to Use the Film for Advertising or Other Commercial Purposes?
187
pt. II
Television Programs
187
Has the Television Program's Copyright Expired?
188
Is the Television Program in the Public Domain Due to Lack of a Copyright Notice?
190
Is It a U.S. Government TV Program?
190
Does the Program Contain Copyrighted Visual Art?
191
Will You Be Using Public Domain TV Programs for Advertising or Other Commercial Purposes?
191
Sources of Public Domain Films and TV Programs
192
8.
Computer Software
193
Is the Software Dedicated to the Public Domain?
194
Was the Software Created by the U.S. Government?
198
Has the Copyright in the Software Expired?
199
Is the Software in the Public Domain Due to Lack of a Copyright Notice?
200
Sources of Public Domain Software
202
9.
Architecture
203
What Good Is Public Domain Architecture?
204
Architectural Plans
205
Constructed Buildings
211
10.
Maps
217
Has Copyright in the Map Expired?
218
Is the Map in the Public Domain Due to Lack of a Copyright Notice?
219
Was the Map Created by the U.S. Government?
219
Is the Map Eligible for Copyright Protection?
220
Are Elements of the Map in the Public Domain?
220
Sources of Public Domain Maps
222
11.
Choreography
223
Deciding If Choreography Is in the Public Domain
224
Sources of Public Domain Choreography
227
12.
Databases and Collections
229
pt. I
Databases
231
Is the Work a Database?
232
Does the Database Lack Creativity?
235
Was the Database Created by the U.S. Government?
238
Has the Copyright in the Database Expired?
240
Is the Database in the Public Domain for Lack of a Copyright Notice?
241
Is the Database Protected by Means Other Than Copyright?
242
pt. II
Collections of Public Domain Works
245
Are the Collected Materials in the Public Domain?
246
Does the Collection Lack Minimal Creativity?
249
Is It a De Minimis Collection?
250
Is It a U.S. Government Collection?
250
Has the Collection's Copyright Expired?
250
Is the Collection in the Public Domain for Lack of a Copyright Notice?
250
Is the Collection Protected by Means Other Than Copyright?
250
13.
Titles
253
Titles of Copyrighted Works
254
Titles of Public Domain Works
258
Using Disclaimers to Avoid Public Confusion
260
Titles Used on Merchandise and Other Products
261
The First Amendment and Titles
261
14.
Public Domain Elements in Copyright Writings
263
Ideas
264
Facts
268
Unprotected Elements in Works of Fiction
273
Unprotected Elements in Works of Fact
276
15.
Copyrights Restored From Public Domain
283
The GATT Agreement
284
What Works Were Restored?
286
Which Works Were Not Restored?
289
Who Owns Restored Works?
291
Copyright Infringement of Restored Works
291
16.
The Public Domain Outside the United States
297
Introduction
298
Copyright Duration in Other Countries
301
The Rule of the Shorter Term
309
Researching Foreign Copyright Laws
312
17.
The Internet and the Public Domain
315
Two Preliminary Rules
316
Internet Content in the Public Domain
318
Potential Problems Using Public Domain Materials on the Internet
325
Hyperlinks and the Public Domain
330
Copyright and the Internet's Global Dimension
331
18.
Copyright Protection: How Long Does It Last?
335
Works First Published in the United States
336
Copyright Term for Unpublished Works
342
Works First Published Outside the United States
347
19.
Copyright Notice Requirements
355
Copyright Notices and the Public Domain
356
Does the Work Lack a Valid Notice?
358
Is a Copyright Notice Required?
362
Is the Omission of a Valid Notice Excused?
367
What If You Make a Mistake?
372
20.
Traps for the Unwary
375
Should You Worry About Trademark or Publicity Problems?
376
The Right of Publicity
377
Trademarks
381
21.
Researching Copyright Office Records
389
Researching Copyright Renewal Records for Works Published 1923-1963
390
Researching Copyright Registration Records
407
22.
What If a Work Is Not in the Public Domain?
411
Find Another Public Domain Work
412
Obtain Permission to Use the Work
412
Use the Work Without Permission on the Grounds of Fair Use
415
Index
427