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Author Fishman, Stephen
Title The public domain : how to find & use copyright-free writings, music, art & more / by Stephen Fishman
Publish Info Berkeley, CA : Nolo, 2006
Edition 3rd ed

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Description 538, I/17 pages : illustrations, maps, music ; 23 cm
Note Includes index
Sixth ed. (2012)- cataloged as a serial in LC. DLC
Contents 1. Introduction to the public domain -- A. What is the public domain? -- B. Dealing with public domain gray areas -- C. What if someone challenges your public domain claim? -- D. Documenting your use of public domain materials -- E. How to use book -- 2. The use and abuse of copyright -- A. What copyright protects -- B. The looting of the public domain -- 3. Writings -- A. What can you do with public domain writings? -- B. Checklist for determining copyright status -- C. Is the work eligible for copyright protection? -- D. Has the work been published? -- E. Has the work's copyright expired? -- F. Is the work in the public domain due to lack of a copyright notice? -- G. Does a copyright trap apply? -- H. Misuse of copyright notices -- I. Sources of public domain writings -- 4. Music -- A. The difference between music and sound recordings -- B. What can you do with public domain sheet music? -- C. Has the sheet music been published? -- D. Has the copyright in the music expired? -- E. Is the music in the public domain due to lack of a copyright notice? -- F. Is it a derivative work? -- G. Is it an arrangement or adaptation? -- H. Is the music a collective work? -- I. Does the music have public domain elements? -- J. Sources of public domain sheet music -- K. Sound recordings
5. Art -- pt. 1. Original works of art -- A. What good is public domain art? -- B. Deciding if original art is in the public domain -- C. Has the art been published? -- D. Has the copyright in the art expired? -- E. Is the art in the public domain due to lack of a copyright notice? -- F. Is the artwork eligible for copyright protection? -- G. Do you intend to use the art in advertising or on merchandise? -- H. Is the art protected by a design patent? -- I. Sources of original art -- pt. 2. Art reproductions -- J. Is the original work of art in the public domain? -- K. Has the reproduction been published? -- L. Has the copyright in the reproduction expired? -- M. Is the reproduction in the public domain due to lack of a copyright notice? -- N. Does the reproduction lack originality? -- O. Is the reproduction dedicated to the public domain? -- P. Will you use the reproduction in advertising or on merchandise? -- Q. Are elements of the reproduction in the public domain? -- R. Sources of art reproductions
6. Photography -- A. What good are public domain photographs? -- B. Deciding whether photographs are in the public domain -- c. Sources of public domain photographs -- 7. Movies and television -- pt. 1. Films -- A What good are public domain films? -- B. Has the film been published? -- C. Has the copyright expired? -- D. Is the film in the public domain due to lack of a copyright notice? -- E. Is the film protected by copyright? -- F. Does the film contain copyrighted visual art? -- G. Do you plan to use the film for advertising or other commercial purposes? -- pt. 2. Television programs -- H. Has the television program's copyright expired? -- I. Is the television program in the public domain due to lack of a copyright notice? -- J. Is it a U.S. government TV program? -- K. Does the program contain copyrighted visual art? -- L. Will you be using public domain TV programs for advertising or other commercial purposes? -- pt. 3. Sources of public domain films and TV programs -- M. The U.S. government -- N. Film archives -- O. Commercial film and video suppliers
8. Computer software -- A Is the software dedicated to the public domain? -- B. Was the software created by the U.S. government? -- C. Has the copyright in the software expired? -- D. Is the software in the public domain due to lack of a copyright notice? -- E. Does the copyrighted software contain public domain elements? -- F. Sources of public domain software -- 9. Architecture -- A. What good is public domain architecture? -- B. Architectural plans -- C. Constructed buildings -- 10. Maps -- A. Has copyright in the map expired? -- B. Is the map in the public domain due to lack of a copyright notice? -- C. Was the map created by the U.S. government? -- D. Is the map eligible for copyright protection? -- E. Are elements of the map in the public domain? -- F. Sources of public domain maps -- 11. Choreography -- A. Deciding if choreography is in the public domain -- B. Sources of public domain choreography
12. Databases and collections -- pt. 1. Databases -- A. Is the work a database? -- B. Does the database lack creativity? -- C. Was the database created by the U.S. government? -- D. Has the copyright in the database expired? -- E. Is the database in the public domain for lack of a copyright notice? -- F. Is the database protected by means other than copyright? -- pt. 2. Collections of public domain works -- G. Are the collected materials in the public domain? -- H. Does the collection lack minimal creativity? -- I. Is it a de minimis collection? -- J. Is it a U.S. government collection? -- K. Has the collection's copyright expired? -- L. Is the collection in the public domain for lack of a copyright notice? -- M. Is the collection protected by means other than copyright? -- 13. Titles -- A. Titles of copyrighted works -- B. Titles of public domain works -- C. Using disclaimers to avoid public confusion -- D. Titles used on merchandise and other products -- E. The First Amendment and titles -- 14. Public domain elements in copyrighted writings -- A. Ideas -- B. Facts -- C. Unprotected elements in works of fiction -- D. Unprotected elements in works of fact
15. Copyrights restored from the public domain -- A. The GATT Agreement -- B. What works were restored? -- C. Which works were not restored? -- D. Who owns restored works? -- E. Copyright infringement of restored works -- 16. The public domain outside the United States -- A. Introduction -- B. Copyright duration in other countries -- C. The rule of the shorter term -- D. Researching foreign copyright laws -- 17. The Internet and the public domain -- A. Overview of the Internet -- B. Two preliminary rules -- C. Internet content in the public domain -- D. Potential problems using public domain materials on the Internet -- E. Hyperlinks and the public domain -- F. Copyright and the Internet's global dimension -- 18. Copyright protection : how long does it last? -- A. Works first published in the United States -- B. Copyright term for unpublished works -- C. Works first published outside the United States -- 19. Copyright notice requirements -- A. Copyright notices and the public domain -- B. Does the work lack a valid notice? -- C. Is a copyright notice required? -- D. Is the omission of a valid notice excused? -- E. What if you make a mistake?
20. Traps for the unwary : trademark and publicity rights -- A. Should you worry about trademark or publicity problems? -- B. The right of publicity -- C. Trademarks -- 21. Researching copyright office records -- A. Researching copyright renewal records for works published 1923-1963 -- B. Researching copyright registration records -- 22. What if a work is not in the public domain? -- A. Find another public domain work -- B. Obtain permission to use the work -- C. Use the work without permission on the grounds of fair use -- 23. Help beyond this book -- A . Doing your own legal research -- B. More information on intellectual property -- C. Working with an attorney -- Appendixes -- A. Popular songs in the public domain -- B. Roman numeral conversions -- C. Public domain documentation worksheet -- Index
Note Includes bibliographical references and index
Summary This volume explains how to find creative works that are not protected by copyright and that can be copied and used without permission or fees. Public domain works involving writing, music, art, architecture, maps, choreography, photography, film, television, databases and collections, titles, and software are covered. The book also provides an overview of copyright law, how to determine a work's public domain status, foreign publications, the length of copyright protection, where and how notices appear, and legal problems. Doing research in the Copyright Office and what to do if a work is not in the public domain is also discussed. In this edition, Fishman details resources such as Google Books, MorgueFile, Image*After, Hollywood Film Archive, and Creative Commons. An expanded section on copyright case law is presented and the most recent court decisions are described. One of the appendices lists popular songs in the public domain
Subjects Public domain (Copyright law) -- United States
Copyright
Copyright
Public Sector
Genre/Form Reference works. lcgft
LC NO KF3022.Z9 F57 2006
Nlm No KF 3022 .Z9 F57 2006
Dewey No 346.7304/82 22
OCLC # 62742677
Isrn 9781413304541
ISBN 1413304540 (pbk. ; alk. paper)
9781413304541 (pbk. ; alk. paper)
Isn/Std # (OCoLC)62742677
LCCN 2005058980

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