Mar
31
2009
Public Domain Law: A Layman’s Introduction
Author: PJ FrancisWarning: what you’re about to read is not legal advice. It’s simply a summary of public domain law and some tips that business owners can use. Please do not confuse it with legal advice.
Lots of people don’t know what work being in the public domain means. In general, works that can be described as being in the public domain are those that have expired copyright dates and are eligible to be copyrighted. Because of these factors, the public has a right to them.
Using work that belongs to the public has its benefits. For one, there is no permission to be granted for use. Second, there are no fees associated with using the work. People who use works that are in the public domain also have the option to create different works that are based on the public domain work without it being considered illegal.
Business owners may like all of the above things.
But business owners should be cautious if they want to use these types of works.
Not all work is considered in the public domain. Revisions and translations for example, may be covered by copyright law. Moreover, copyright and public domain laws vary between countries. These factors may contribute to a business owner finding that he is illegally using copyrighted work if he doesn’t do his research.
So how can you tell if a work is in the public domain or not?
Determining whether a work is in the public domain won’t be totally easy, but there are some guidelines you can follow to help you figure out if it is.
Ask yourself this:
- Is the works an idea or fact
- Is it of the U.S. government and has been written by a federal employee (includes laws, legislative reports and the opinions of judges)
- Is it tied to science theories, principles, laws or math formulas?
- Is it a research method, educational process or a way to uncover statistics
- Is the works a proper name, symbol, sign, number, word, punctuation or a rule of language
- Has its copyright failed to be renewed?
- Has it passed its copyright expiration date
If you can answer “yes” to any of these questions, then the work is in the public domain.
There’s more.
Works created before 1923 are in the public domain.
However, works that were published after 1923 have different rules attributed to them. Here are some rules that can help you quickly determine if what you have is something that you can use.
Works published without a notice during between 1923 and March 1, 1989 is in the public domain.
Works published without a notice and registration between 1978 and March 1, 1989 are in the public domain.
Works published between 1923 and 1963 that haven’t had their copyright renewed are in the public domain.
All published and unpublished works after March 1, 1989 are not in the public domain and are protected by copyright for 70 years after the death of the author.
Now that I’ve given you a little primer about public domain law, I suggest you use it. Public domain works are out there, waiting to help your business along its path to success!