Public Domain Day 2019

For the last few years, I have written posts on January 1st talking about art, books, films and music that would have entered the public domain if those copyright terms had not been extended. Mainly due a corporation trying to protect the rights to a cartoon mouse, for an entire generation in the United States, no new material has fallen into the public domain. The fact that new material is FINALLY entering the public domain this year is a big deal and from here on out, every year, new works will fall into the public domain on a yearly basis.

The Public Domain belongs to the the people. The works contained within it are a part of our history and culture. When works fall into the public domain, many of these works suddenly reappear or are transformed into new art forms. So dig in; let’s see what’s in there, shall we? This is truly something to celebrate.

From Duke Law School’s Center for the Study of the Public Domain:

January 1, 2019 is (finally) Public Domain Day: Works from 1923 are open to all!

For the first time in over 20 years, on January 1, 2019, published works will enter the US public domain.1 Works from 1923 will be free for all to use and build upon, without permission or fee. They include dramatic films such as The Ten Commandments, and comedies featuring Charlie Chaplin, Buster Keaton, and Harold Lloyd. There are literary works by Robert Frost, Aldous Huxley, and Edith Wharton, the “Charleston” song, and more. And remember, this has not happened for over 20 years. Why? Works from 1923 were set to go into the public domain in 1999, after a 75-year copyright term. But in 1998 Congress hit a two-decade pause button and extended their copyright term for 20 years, giving works published between 1923 and 1977 an expanded term of 95 years.2

But now the drought is over. How will people celebrate this trove of cultural material? Google Books will offer the full text of books from that year, instead of showing only snippet views or authorized previews. The Internet Archive will add books, movies, music, and more to its online library. Community theaters are planning screenings of the films. Students will be free to adapt and publicly perform the music. Because these works are in the public domain, anyone can make them available, where you can rediscover and enjoy them. (Empirical studies have shown that public domain books are less expensive, available in more editions and formats, and more likely to be in print—see herehere, and here.) In addition, the expiration of copyright means that you’re free to use these materials, for education, for research, or for creative endeavors—whether it’s translating the books, making your own versions of the films, or building new music based on old classics.

Here are some of the works that will be entering the public domain in 2019. A fuller (but still partial) listing of over a thousand works that we have researched can be found here.

Films

  • Safety Last!, directed by Fred C. Newmeyer and Sam Taylor, featuring Harold Lloyd
  • The Ten Commandments, directed by Cecil B. DeMille
  • The Pilgrim, directed by Charlie Chaplin
  • Our Hospitality, directed by Buster Keaton and John G. Blystone
  • The Covered Wagon, directed by James Cruze
  • Scaramouche, directed by Rex Ingram

Books

  • Edgar Rice Burroughs, Tarzan and the Golden Lion
  • Agatha Christie, The Murder on the Links
  • Winston S. Churchill, The World Crisis
  • e.e. cummings, Tulips and Chimneys
  • Robert Frost, New Hampshire
  • Kahlil Gibran, The Prophet
  • Aldous Huxley, Antic Hay
  • D.H. Lawrence, Kangaroo
  • Bertrand and Dora Russell, The Prospects of Industrial Civilization
  • Carl Sandberg, Rootabaga Pigeons
  • Edith Wharton, A Son at the Front
  • P.G. Wodehouse, works including The Inimitable Jeeves and Leave it to Psmith
  • Viginia Woolf, Jacob’s Room

Music

  • Yes! We Have No Bananas, w.&m. Frank Silver & Irving Cohn
  • Charleston, w.&m. Cecil Mack & James P. Johnson
  • London Calling! (musical), by Noel Coward
  • Who’s Sorry Now, w. Bert Kalmar & Harry Ruby, m. Ted Snyder
  • Songs by “Jelly Roll” Morton including Grandpa’s SpellsThe Pearls, and Wolverine Blues (w. Benjamin F. Spikes & John C. Spikes; m. Ferd “Jelly Roll” Morton)
  • Works by Bela Bartok including the Violin Sonata No. 1 and the Violin Sonata No. 2
  • Tin Roof Blues, m. Leon Roppolo, Paul Mares, George Brunies, Mel Stitzel, & Benny Pollack
(There were also compositions from 1923 by other well-known artists including Louis Armstrong, Irving Berlin, George Gershwin, WC Handy, Oscar Hammerstein, Gustav Holst, Al Jolson, Jerome Kern, and John Phillip Sousa; though their most famous works were from other years.)

Of course, 1923 was a long time ago. (Under the 56-year copyright term that existed until 1978, we could be seeing works from 1962 enter the public domain in 2019.) Unfortunately, the fact that works from 1923 are legally available does not mean they are actually available. Many of these works are lost entirely or literally disintegrating (as with old films and recordings), evidence of what long copyright terms do to the conservation of cultural artifacts. For the works that have survived, however, their long-awaited entry into the public domain is still something to celebrate.

Technically, many works from 1923 may already have entered the public domain decades ago because the copyright owners did not comply with the “formalities” that used to be necessary for copyright protection. Back then, your work went into the public domain if you did not include a copyright notice—e.g. “Copyright 1923 Charlie Chaplin”—when publishing it, or if you did not renew the copyright after 28 years. Current copyright law no longer has these requirements. But, even though those works might technically be in the public domain, as a practical matter the public often has to assume they’re still copyrighted (or risk a lawsuit) because the relevant copyright information is difficult or impossible to find—older records can be fragmentary, confused, or lost. That’s why January 1, 2019 is so significant. On that date, the public will know that works published in 1923 are free for public use without tedious or inconclusive research.

For example, in 2019, we will know that Robert Frost’s famous poem “Stopping by Woods on a Snowy Evening” is in the public domain because copyright over the collection containing the poem, New Hampshire, will lapse. (It’s possible that the poem might have entered the public domain earlier because it was first published in a magazine and that earlier copyright was not renewed on time—see discussion thread here—but we can be confident that its copyright has expired in 2019.) Frost’s estate has used copyright law to strictly control uses of his works. Eric Whitacre, who composed the incredible Virtual Choir works, discovered this the hard way when he wrote a piece in memory of a couple who had died within weeks of each other after being married over fifty years. The piece was commissioned by the couple’s daughter, whose favorite poem was “Stopping By Woods on a Snowy Evening.” Whitacre wrote a choral work based on the poem, and it was so well-received that other conductors began asking him for the work. He writes:

After a LONG legal battle (many letters, many representatives), the estate of Robert Frost and their publisher, Henry Holt Inc., sternly and formally forbid me from using the poem for publication or performance… I was crushed. The piece was dead, and would sit under my bed for the next 37 years because of some ridiculous ruling by heirs and lawyers.

(Eventually he asked the poet Charles Anthony Silvestri to write new words for the music that had been set to Frost’s poem, you can see the Virtual Choir performance of that composition here and read his full story here; note that Frost’s lawyers were mistaken about when the copyright ends, as indicated above, it lapses in 2019, if it hasn’t already.) Beginning in 2019, the next Whitacre won’t face this frustration, and anyone may use this powerful poem in their own creations.

Note that copyright law has a way of introducing complexities into any analysis. There are some familiar works that appear to be from 1923, but are not in fact entering the public domain in 2019 because of publication details. One is Felix Salten’s Bambi, A Life in the Woods, the basis for Disney’s famous movie. Salten first published it in Germany without a copyright notice in 1923, then republished it with a compliant copyright notice in 1926. When Disney (of all companies) claimed that Bambi was in the public domain, a court disagreed, holding that because the initial 1923 publication was in Germany, the failure to include a copyright notice did not put the book into the US public domain. The 1926 publication was valid, so the book’s copyright expires after 95 years in 2022.3 (The court’s full opinion is here.) Also, while the copyrights in several Jelly Roll Morton songs lapse in 2019, his famous “King Porter Stomp” was not copyrighted until 1924 (even though it was recorded in 1923), so it is not entering the public domain until 2020.

In an abundance of caution, our list above only includes works where we were actually able to track down the notice and renewal data suggesting that they are indeed still in-copyright until 2019. We’ve also compiled—to the best of our research capabilities—a fuller spreadsheet showing other renewed works from 1923. You can find it here. But we want to emphasize that this is only a partial collection; many more works are entering the public domain as well, but we could not find the legal minutia to confirm their copyright status.

It’s a Wonderful Public Domain. . . . What happens when works enter the public domain? Sometimes, wonderful things. The 1947 film It’s A Wonderful Life entered the public domain in 1975 because its copyright was not properly renewed after the first 28-year term. The film had been a flop on release, but thanks to its public domain status, it became a holiday classic. Why? Because TV networks were free to show it over and over again during the holidays, making the film immensely popular. But then copyright law reentered the picture. . . . In 1993, the film’s original copyright holder, capitalizing on a recent Supreme Court case, reasserted copyright based on its ownership of the film’s musical score and the short story on which the film was based (the film itself is still in the public domain). Ironically, a film that only became a success because of its public domain status was pulled back into copyright.

What Could Have Been

Works from 1923 are finally entering the public domain, after a 95-year copyright term. However, under the laws that were in effect until 1978, thousands of works from 1962 would be entering the public domain this year. They range from the books A Wrinkle in Time and The Guns of August, to the film Lawrence of Arabia and the song Blowin’ in the Wind, and much more. Have a look at some of the others. In fact, since copyright used to come in renewable terms of 28 years, and 85% of authors did not renew, 85% of the works from 1990 might be entering the public domain! Imagine what the great libraries of the world—or just internet hobbyists—could do: digitizing those holdings, making them available for education and research, for pleasure and for creative reuse.

Want to learn more about the public domain? Here is the legal background on how we got our current copyright terms (including summaries of recent court cases), why the public domain matters, and answers to Frequently Asked Questions. You can also read James Boyle’s book The Public Domain: Enclosing the Commons of the Mind (Yale University Press, 2008)—naturally, you can read the full text of The Public Domain online at no cost and you are free to copy and redistribute it for non-commercial purposes. You can also read “In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day,” an article by Center Director Jennifer Jenkins revealing the promise and the limits of various attempts to reverse the erosion of the public domain, and a short article in the Huffington Post celebrating a previous Public Domain Day.


1 No published works have entered our public domain since 1998. However, a small subset of works—unpublished works that were not registered with the Copyright Office before 1978—have been entering the public domain after a life plus 70 copyright term. But, because these works were never published, potential users are much less likely to encounter them. In addition, it is difficult to determine whether works were “published” for copyright purposes. Therefore, this site focuses on the thousands of published works that are finally entering the public domain.

2 Works published between 1923 and 1977 had to meet certain requirements to be eligible for the 95-year term—they all had to be published with a copyright notice, and works from 1923–1963 also had to have their copyrights renewed after the initial 28-year term.

3 Foreign works from 1923 are still copyrighted in the US until 2019 if 1) they complied with US notice and renewal formalities, 2) they were published in the US within 30 days of publication abroad, or 3) if neither of these are true, they were still copyrighted in their home country as of 1/1/96. Note that the copyright term for older works is different in other countries: in the EU, works from authors who died in 1948 will go into the public domain in 2019 after a life plus 70 year term, and in Canada, works of authors who died in 1968 will enter the public domain after a life plus 50 year term.


Special thanks to our tireless and talented research maven and website guru Balfour Smith for building this site and compiling the list of works from 1923.

Ebook Evangelist’s note: This article reprinted from Public Domain Day 2019 by Duke Law School’s Center for the Study of the Public Domain. This article licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.

For Digital First Sale, It’s Still 2001

Great post on this topic! This is why, unfortunately, I can’t foresee a used ebook or music market evolving.

Copyright and Technology

Seventeen years ago, the U.S. Copyright Office — Congress’s official advisor on copyright issues — published an opinion for Congress on whether there should be a first sale right for digital content: a right for consumers to alienate (sell, lend, rent, or give away) digital files, like the one that exists for physical items like books, CDs, and DVDs. In the so-called Section 104 Report, the Copyright Office considered the idea that digital first sale could be supported with a “forward-and-delete” mechanism that ensures that if you send a digital file to someone, the file no longer exists on your device.

The Copyright Office said:

… unless a ‘forward-and-delete’ technology is employed, transfer of a copy by transmission requires an additional affirmative act by the sender. In applying a digital first sale doctrine as a defense to infringement it would be difficult to prove or disprove whether that act had…

View original post 1,296 more words

Public Domain Day 2018

Because of extensions to the term of copyright law, here in the United States, nothing new has entered the public domain for the last twenty years.  Every year on January first, The Center for the Study of the Public Domain at Duke University  writes a post on what would have entered the public domain on this day before copyright law was extended to its current terms. Here are some of the highlights from the post:

Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1961 would enter the public domain on January 1, 2018, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2057.1 And no published works will enter our public domain until 2019. The laws in other countries are different—thousands of works are entering the public domain in Canada and the EU on January 1.

Books:

What books would be entering the public domain if we had the pre-1978 copyright laws? You might recognize some of the titles below.

The Phantom Tollbooth by Norton Juster book cover
  • Joseph Heller, Catch-22
  • Walker Percy, The Moviegoer
  • J.D. Salinger, Franny and Zooey
  • John Howard Griffin, Black Like Me
  • Irving Stone, The Agony and the Ecstasy
  • Muriel Spark, The Prime of Miss Jean Brodie
  • Robert A. Heinlein, Stranger in a Strange Land
  • William S. Burroughs, The Soft Machine
  • Norton Juster, The Phantom Tollbooth
  • Roald Dahl, James and the Giant Peach
Films:

Consider the films from 1961 that would have become available this year. You could share clips with friends or incorporate them into fan fiction. Community theaters could show the full features. Libraries and archivists would be free to digitize and preserve them. Here are a few of the movies that we won’t see in the public domain for another 39 years.

Judgment at Nuremberg movie poster
  • Breakfast at Tiffany’s
  • West Side Story
  • The Guns of Navarone
  • A Raisin in the Sun
  • The Parent Trap
  • Splendor in the Grass
  • Judgment at Nuremberg
  • The Misfits
  • The Hustler
Music: 

What 1961 music could you have used without fear of a lawsuit? If you wanted to find guitar tabs or sheet music and freely use some of the influential music from 1961, January 1 2018 would have been a rocking day for you under earlier copyright laws. Patsy Cline’s classic Crazy (Willie Nelson) would be available. So would Stand By Me (Ben E. King, Jerry Leiber, Mike Stoller), Runaway (Del Shannon, Max Crook), and Let’s Twist Again (Kal Mann, Dave Appell). You could publicly perform or set short films to Surfin’ (Brian Wilson, Mike Love) or Crying (Roy Orbison, Joe Melson), all without permission or fee. Today these musical works remain copyrighted until 2057.4

Like West Side Story, some of the hit songs from 1961 borrowed from earlier works. Elvis Presley’s Surrender (Doc Pomus, Mort Shuman) was adapted from the 1902 Neapolitan ballad “Torna a Surriento” (Ernesto and Giambattista de Curtis), and his Can’t Help Falling in Love (Hugo Peretti, Luigi Creatore, George David Weiss) is derived from the 1784 French song “Plaisir d’amour” (Jean-Paul-Égide Martini).

The current copyright law also affects the status and availability of works of art and scientific research.

You can read the entire article here. Please also take a moment to read some of the articles on the Center’s site which explain the importance of the public domain, how it is shrinking due to copyright laws and why that matters.

The Center for the Study of the Public Domain

What Could Have Entered the Public Domain on January 1, 2017?

Reposted from Duke University website for the Center for the Study of the Public Domain:      

Works that could have entered the public domain on January 1, 2017

Under the law that existed until 1978 . . . Works from 1960

The books To Kill a Mockingbird and Rabbit, Run, the films The Magnificent Seven and The Time Machine, and more. . .

Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1960 would enter the public domain on January 1, 2017, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2056.1 And no published works will enter our public domain until 2019. The laws in other countries are different—thousands of works are entering the public domain in Canada and the EU on January 1.

Born Free

What books would be entering the public domain if we had the pre-1978 copyright laws? You might recognize some of the titles below.

  • Harper Lee, To Kill a Mockingbird
  • John Updike, Rabbit, Run
  • Joy Adamson, Born Free: A Lioness of Two Worlds
  • William L. Shirer, The Rise and Fall of the Third Reich: A History of Nazi Germany
  • Friedrich A. Hayek, The Constitution of Liberty
  • Daniel Bell, The End of Ideology: On the Exhaustion of Political Ideas in the Fifties
  • Arthur M. Schlesinger, Jr., The Politics of Upheaval: The Age of Roosevelt
  • Dr. Seuss, Green Eggs and Ham and One Fish Two Fish Red Fish Blue Fish
  • Scott O’Dell, Island of the Blue Dolphins
  • John Barth, The Sot-Weed Factor
  • Jean-Paul Sartre, Critique de la raison dialectique
The books above are but a fraction of what would be entering the public domain on January 1. Imagine them being freely available to students and teachers around the world. Readers interested in iconic stories of courage in the face of racial injustice, or middle class America in the late 1950s, or just great literature, would have something to celebrate. In the current political climate, Shirer’s work, and also those of Hayek, Bell, and Schlesinger, might provide food for thought. And Dr. Seuss’s beloved books would be legally available for free online for children (of all ages).

You would be free to use these books in your own stories, adapt them for theater, animate them, or make them into a film. You could translate them into other languages, or create accessible Braille or audio versions.2 You could read them online or buy cheaper print editions, because others were free to republish them. Empirical studies have shown that public domain books are less expensive, available in more editions and formats, and more likely to be in print—see here, here, and here. Take, for example, The Conscience of a Conservative by Barry Goldwater—like the works listed above, it was published in 1960; but unlike those works, it’s in the public domain because the copyright was not renewed. You can legally download it for free, and the purchase price for an eBook is $0.99, instead of $10 or $20.

Imagine a digital Library of Alexandria containing all of the world’s books from 1960 and earlier, where, thanks to technology, you can search, link, annotate, copy and paste. (Google Books has brought us closer to this reality, but for copyrighted books where there is no separate agreement with the copyright holder, it only shows three short snippets, not the whole book.) Instead of seeing these literary works enter the public domain in 2017, we will have to wait until 2056.

The Frozen-in-Time Machine

Consider the films and television shows from 1960 that would have become available this year. Fans could share clips with friends or incorporate them into homages. Local theaters could show the full features. Libraries and archivists would be free to digitize and preserve them. Here are a few of the movies that we won’t see in the public domain for another 39 years.

  • The Time Machine
  • Psycho
  • Spartacus
  • Exodus
  • The Apartment
  • Inherit the Wind
  • The Magnificent Seven
  • Ocean’s 11
  • The Alamo
  • The Andy Griffith Show (first episodes)
  • The Flintstones (first episodes)

These works are famous, so thanks to projects like the National Film Registry, we’re not likely to lose them entirely. The true tragedy is that of forgotten films that are literally disintegrating while preservationists wait for their copyright terms to expire.3

It’s Now or . . . 2056?

What 1960 music could you have used without fear of a lawsuit? If you wanted to find guitar tabs or sheet music and freely use some of the great music from this year, January 1, 2017 would have been a rocking day for you under earlier copyright laws. Elvis Presley’s hit song It’s Now or Never (Wally Gold, Aaron Schroeder) would be available. So would Only the lonely (know the way I feel) (Roy Orbison, Joe Melson), Save the Last Dance for Me (Mort Shuman, Jerome Pomus), and Itsy Bitsy Teenie Weenie Yellow Polka Dot Bikini (Paul J. Vance, Lee Pockriss). Your school would be free to stage public performances of the songs from the musical Camelot (Alan Jay Lerner, Frederick Loewe). Or you could set a video to Harry Belafonte’s Grizzly Bear (Harry Belafonte, Robert DeCormier, Milt Okun) from Swing Dat Hammer. Today, these musical works remain copyrighted until 2056.4

Science from 1960—copyrighted research, still behind paywalls

1960 was another significant year for science. Max Perutz and Sir John Kendrew published articles on the structure of hemoglobin and the structure of myoglobin, respectively, and Robert Burns Woodward published an article describing a total synthesis of chlorophyll. (All three later won Nobel Prizes in Chemistry.) Theodore Maiman demonstrated the first working laser, a ruby laser. And the US launched its first successful weather satellite, TIROS-1.

If you follow the links above (and you do not have a subscription or institutional access), you will see that these 1960 articles are still behind paywalls. You can purchase the individual articles from the journal Nature for $32. A distressing number of scientific articles from 1960 require payment or a subscription or account, including those in major journals such as Science and JAMA. And the institutional access that many top scientists enjoy is not guaranteed—even institutions such as Harvard have considered canceling their subscriptions because they could no longer afford the escalating prices of major journal subscriptions.

It’s remarkable to find scientific research from 1960 hidden behind publisher paywalls. Thankfully, some publishers have made older articles available in full online, so that you can read them, even though it may still be illegal to copy and distribute them. In addition, some older articles have been made available on third party websites, but this is not a stable solution for providing reliable access to science. Third party postings can be difficult to find or taken down, links can get broken, and would-be posters may be deterred by the risk of a lawsuit. Under the pre-1978 copyright term, all of this history would be free to scholars, students, and enthusiasts.

Not all scientific publishers work under this kind of copyright scheme. “Open Access” scientific publications, like those of the Public Library of Science, are under Creative Commons licenses, meaning that they can be copied freely from the day they are published.

Works from 1988!

Most of the works highlighted here are famous—that is why we included them. And if that fame meant that the work was still being exploited commercially 28 years after its publication, the rights holders would probably renew the copyright. But we know from empirical studies that 85% of authors did not renew their copyrights (for books, the number is even higher—93% did not renew), since most works exhaust their commercial value very quickly.

Under the law that existed until 1978 . . . Up to 85% of all copyrighted works from 1988 might have been entering the public domain on January 1, 2017.

That means that all of these examples from 1960 are only the tip of the iceberg. If the pre-1978 laws were still in effect, we could have seen 85% of the works published in 1988 enter the public domain on January 1, 2017. Imagine what that would mean to our archives, our libraries, our schools and our culture. Such works could be digitized, preserved, and made available for education, for research, for future creators. Instead, they will remain under copyright for decades to come, perhaps even into the next century.

Perhaps the most troubling aspect of the current copyright term is that in most cases, the cultural harm is not offset by any benefit to an author or rights holder. Unlike the famous works highlighted here, the vast majority of works from 1960 do not retain commercial value,5 but they are presumably off limits to users who do not want to risk a copyright lawsuit. This means that no one is benefiting from continued copyright, while the works remain both commercially unavailable and culturally off limits. The public loses the possibility of meaningful access for no good reason. You can read more about the current costs associated with orphan works—works that are still presumably under copyright, but with no identifiable or locatable copyright holder—here and here. Importantly, the US Copyright Office has been engaged in efforts to find solutions to the orphan works problem. However, unlike other countries, the US has not enacted any such solutions.


1 The copyright term for works published between 1950 and 1963 was extended to 95 years from the date of publication, so long as the works were published with a copyright notice and the term renewed (which is generally the case with famous works such as those we are highlighting).
Many works published in 1960 are already in the public domain because the copyright holder did not comply with notice, renewal, or other copyright formalities. However, tracking down this information can be difficult (you can read just one of many illustrative examples collected by the Copyright Office here). Therefore, users often have to presume these works are copyrighted or risk a lawsuit (only works published before 1923 are conclusively in the public domain). You can read more about copyright terms from this excellent chart and from the US Copyright Office’s guide.
It is also difficult to determine whether foreign works are in the public domain in the U.S. Generally speaking, as a result of international agreements, foreign works published after 1923 are still under copyright in the US as long as one of the following is true: they were published in compliance with US formalities, they were still copyrighted in their home countries as of 1996, or they were then published in the US within 30 days of publication abroad. You can learn more about copyright terms for foreign works from the Copyright Office guide here.

2 If you think publishers have not objected to this, you would be wrong. US copyright law has an exception that allows books to be reproduced in accessible formats, but this exception only applies to “authorized entities”—nonprofits or governmental agencies with a primary mission related to providing such services.

3 The law allows libraries and archives (not preservationists generally) to digitize works during the last 20 years of their copyright term, but only in limited circumstances: the library or archive first has to determine through a “reasonable investigation” that the work is not being commercially exploited and that they cannot obtain another copy of it at a reasonable price.

4 Under federal law at the time, these “musical compositions”—the music and lyrics—were subject to copyright, but the particular “sound recordings” embodying the musical compositions were not; federal copyright did not cover sound recordings until 1972. (Pre-1972 sound recordings are protected under some states’ laws.) So, for example, the musical composition “It’s Now or Never” written by Wally Gold and Aaron Schroeder would be federally copyrighted, but not Elvis Presley’s particular sound recording of that composition.

5 A Congressional Research Service study indicated that only 2% of works between 55 and 75 years old continue to retain commercial value. As explained above, many works from 1960 are technically in the public domain, but it is often difficult to conclusively determine public domain status, so users have to presume that they’re still under copyright.

Creative Commons LicenseThe Public Domain Day 2017 web pages by Duke University’s Center for the Study of the Public Domain are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Happy Public Domain Day 2016

pdd2016January 1st is the day that works with expiring copyrights would enter the public domain. In the United states, the number of works entering the public domain is zero. Because of extensions in US Copyright law, no works will enter the public domain here until 2019. 😦

Every year, the Duke University Center for the Study of the Public Domain website writes about the works that would have entered the public domain under the old copyright laws.  This year, works from the year 1959 would have entered the public domain: Films like North by Northwest by Hitchcock, Books like Goldfinger by Ian Fleming, music like Kind of Blue by Miles Davis, early episodes TV series like Rod Serling’s The Twilight Zone or Rawhide, classic science fiction like Robert Heinlein’s Starship Troopers and Walter Miller’s exquisite Canticle for Leibowitz.

For me personally, Miller’s Canticle for Leibowitz is a particular travesty because it is not yet available as an ebook, although you can get it in paper (from a publisher I’ve never heard of) or in audio. I suspect the book is an absolute rights nightmare. If you read the Wikipedia entry on the novel, it says that it was originally published as magazine articles, then as a hardcover, and has been published in both paper and hardcover over 40 times since then. The original book publisher itself has changed hands several times.  Even the NPR radio play version has been been removed from the Internet Archive due to rights issues.

Sigh.

Anyway, as you ponder the fact that the Kindle version of Starship Troopers that’s selling for $9.99 could actually be free in some alternate universe with different copyright laws, check out Duke’s article on the work that would have entered the public domain this year. There’s a special section for pre-1976 copyrights whose copyrights would have expired. The article addresses the orphan works issues as well.

Happy Birthday copyright case is settled

birthday-cake-380178_640News is breaking that the parties have settled in the Happy Birthday copyright case. The trial scheduled to begin December 15, 2015 has been canceled, according to a ruling filed in the case.

One of the factors that was to have been addressed in the trial would have been the issue of damages, possibly going all the way back to 1949.

Detail of the settlement have not yet been released, so at this point, we have no idea what this means (if anything) to the public at large as far as usage rights and the song’s public domain status.

More to come….

Daily Links: Public Domain in the Digital Age

From BoingBoing, an interesting piece on the public domain in the digital age and the concept of copyfraud.

Open Culture has an article on the Speech Accent Archive – The English accents of people who speak 341 different languages.

Amazon has 31 apps for free today (Saturday) via the Amazon App Store.

And on Making Use Of, you will find game, productivity and musical apps are on sale or free for the iPad. Note that I found that some of the pricing did not apply when purchased through a device other than an iPad.

My E-book finds of the day are The Golem and the Jinni (P.S.) and The Secret Life of Pronouns: What Our Words Say About Us from my to-be-read list. They are each on sale today for only $1.99.

Daily Links are interesting links I discover as I go about my online day. The frequency and number of links posted depend upon the daily news.