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9781413304541

The Public Domain

by
  • ISBN13:

    9781413304541

  • ISBN10:

    1413304540

  • Edition: 3rd
  • Format: Paperback
  • Copyright: 2006-05-31
  • Publisher: NOLO
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Summary

Outstanding and useful information about copyright, public-domain material, fair use, and how to navigate this sometimes daunting field. The text is clear, concise, often snappy and engaging , well-indexed, and thoughtfully laid out - Peter E. Hanff, Deputy Director, The Bancroft Library, University of California, Berkeley - How do you tell the difference between what's copyrighted and what isn't? A good starting point is Stephen Fishman's The Public Domain. - Associated Press - This book, the first of its kind, is the definitive guide to creative works that are not protected by copyrights. It explains how to determine whether a work is in the public domain and provides tips on how to find public domain works, including listings of hundreds of resources. - Poptronics (Formerly Popular Electronics) - Nolo again delivers another solid winner.... The Public Domain provides broad topical coverage, which includes music, art, photography, movies and television. ...a must for your copyright library. - John B. McHugh - The McHugh Memo - An indispensable resource for writers, scholars, creative artists, editors, publishers and librarians. Lucidly written and amply illustrated, this book will become a landmark legal guide for the layperson. - Emmy E. Werner, Ph.D. Research Professor, University of California, Davis - A comprehensive and accessible key to a vast storehouse of knowledge and information. - Peter Beren, co-author of The Writer's Legal Companion - The constitutional guarantee of a public domain was one of the Framers' most important gifts to our cultural tradition. This extraordinary book makes real the value of that gift in the 21st Century. - Laurence Lessig, author of Code & Other Laws of Cyberspace - A superb offering showing how to avoid lawsuits by getting one's hands on thousands of public domain songs, movies and manuscripts that can be used on Web sites or anywhere else free of charge. - James Coates - Chicago Tribune

Author Biography

Stephen Fishman received his law degree from the University of Southern California in 1979. After stints in government and private practice, he became a full-time legal writer in 1983. He has helped write and edit over a dozen reference books for attorneys. He is the author of Web & Software Development: A Legal Guide, The Copyright Handbook, Consultant & Independent Contractor Agreements, Working for Yourself, and Working With Independent Contractors, all published by Nolo.

Table of Contents

Introduction to the Public Domain
What Is the Public Domain?
2(7)
Dealing With Public Domain Gray Areas
9(3)
What If Someone Challenges Your Public Domain Claim?
12(1)
Documenting Your Use of Public Domain Materials
13(4)
How to Use This Book
17(3)
The Use and Abuse of Copyright
What Copyright Protects
20(6)
The Looting of the Public Domain
26(10)
Writings
What Can You Do With Public Domain Writings?
36(5)
Checklist for Determining Copyright Status
41(3)
Is the Work Eligible for Copyright Protection?
44(20)
Has the Work Been Published?
64(7)
Has the Work's Copyright Expired?
71(1)
Is the Work in the Public Domain Due to Lack of a Copyright Notice?
71(1)
Does a Copyright Trap Apply?
72(13)
Misuse of Copyright Notices
85(1)
Sources of Public Domain Writings
86(8)
Music
The Difference Between Music and Sound Recordings
94(1)
What Can You Do With Public Domain Sheet Music?
95(5)
Has the Sheet Music Been Published?
100(8)
Has the Copyright in the Music Expired?
108(1)
Is the Music in the Public Domain Due to Lack of a Copyright Notice?
109(1)
Is It a Derivative Work?
109(2)
Is It an Arrangement or Adaptation?
111(13)
Is the Music a Collective Work?
124(3)
Does the Music Have Public Domain Elements?
127(3)
Sources of Public Domain Sheet Music
130(4)
Sound Recordings
134(8)
Art
Part I: Original Works of Art
142(23)
What Good Is Public Domain Art?
143(2)
Deciding If Original Art Is in the Public Domain
145(1)
Has the Art Been Published?
146(4)
Has the Copyright in the Art Expired?
150(1)
Is the Art in the Public Domain Due to Lack of a Copyright Notice?
151(1)
Is the Artwork Eligible for Copyright Protection?
152(8)
Do You Intend to Use the Art in Advertising or on Merchandise?
160(2)
Is the Art Protected by a Design Patent?
162(1)
Sources of Original Art
163(2)
Part II: Art Reproductions
165(39)
Is the Original Work of Art in the Public Domain?
166(1)
Has the Reproduction Been Published?
167(1)
Has the Copyright in the Reproduction Expired?
167(1)
Is the Reproduction in the Public Domain Due to Lack of a Copyright Notice?
168(1)
Does the Reproduction Lack Originality?
168(5)
Is the Reproduction Dedicated to the Public Domain?
173(1)
Will You Use the Reproduction in Advertising or on Merchandise?
174(1)
Are Elements of the Reproduction in the Public Domain?
174(1)
Sources of Art Reproductions
175(8)
Photography
What Good Are Public Domain Photographs?
183(2)
Deciding Whether Photographs Are in the Public Domain
185(9)
Sources of Public Domain Photographs
194(10)
Movies and Television
Part I: Films
204(16)
What Good Are Public Domain Films?
205(1)
Has the Film Been Published?
206(2)
Has the Copyright Expired?
208(7)
Is the Film in the Public Domain Due to Lack of a Copyright Notice?
215(1)
Is the Film Protected by Copyright?
216(2)
Does the Film Contain Copyrighted Visual Art?
218(1)
Do You Plan to Use the Film for Advertising or Other Commercial Purposes?
219(1)
Part II: Television Programs
220(6)
Has the Television Program's Copyright Expired?
221(2)
Is the Television Program in the Public Domain Due to Lack of a Copyright Notice?
223(1)
Is It a U.S. Government TV Program?
224(1)
Does the Program Contain Copyrighted Visual Art?
225(1)
Will You Be Using Public Domain TV Programs for Advertising or Other Commercial Purposes?
225(1)
Part III: Sources of Public Domain Films and TV Programs
226(66)
The U.S. Government
226(5)
Film Archives
231(2)
Commercial Film and Video Suppliers
233(6)
Computer Software
Is the Software Dedicated to the Public Domain?
239(5)
Was the Software Created by the U.S. Government?
244(1)
Has the Copyright in the Software Expired?
245(1)
Is the Software in the Public Domain Due to Lack of a Copyright Notice?
246(1)
Does the Copyrighted Software Contain Public Domain Elements?
246(7)
Sources of Public Domain Software
253(4)
Architecture
What Good Is Public Domain Architecture?
257(1)
Architectural Plans
258(7)
Constructed Buildings
265(9)
Maps
Has Copyright in the Map Expired?
274(1)
Is the Map in the Public Domain Due to Lack of a Copyright Notice?
275(1)
Was the Map Created by the U.S. Government?
275(1)
Is the Map Eligible for Copyright Protection?
276(1)
Are Elements of the Map in the Public Domain?
277(2)
Sources of Public Domain Maps
279(4)
Choreography
Deciding If Choreography Is in the Public Domain
283(4)
Sources of Public Domain Choreography
287(5)
Databases and Collections
Part I: Databases
292(17)
Is the Work a Database?
294(3)
Does the Database Lack Creativity?
297(3)
Was the Database Created by the U.S. Government?
300(3)
Has the Copyright in the Database Expired?
303(1)
Is the Database in the Public Domain for Lack of a Copyright Notice?
304(1)
Is the Database Protected by Means Other Than Copyright?
305(4)
Part II: Collections of Public Domain Works
309(230)
Are the Collected Materials in the Public Domain?
311(2)
Does the Collection Lack Minimal Creativity?
313(1)
Is It a De Minimis Collection?
314(1)
Is It a U.S. Government Collection?
315(1)
Has the Collection's Copyright Expired?
315(1)
Is the Collection in the Public Domain for Lack of a Copyright Notice?
315(1)
Is the Collection Protected by Means Other Than Copyright?
316(2)
Titles
Titles of Copyrighted Works
318(4)
Titles of Public Domain Works
322(2)
Using Disclaimers to Avoid Public Confusion
324(1)
Titles Used on Merchandise and Other Products
325(1)
The First Amendment and Titles
325(3)
Public Domain Elements in Copyrighted Writings
Ideas
328(5)
Facts
333(4)
Unprotected Elements in Works of Fiction
337(4)
Unprotected Elements in Works of Fact
341(9)
Copyrights Restored From the Public Domain
The GATT Agreement
350(1)
What Works Were Restored?
351(3)
Which Works Were Not Restored?
354(4)
Who Owns Restored Works?
358(1)
Copyright Infringement of Restored Works
358(8)
The Public Domain Outside the United States
Introduction
366(3)
Copyright Duration in Other Countries
369(8)
The Rule of the Shorter Term
377(2)
Researching Foreign Copyright Laws
379(3)
The Internet and the Public Domain
Overview of the Internet
382(1)
Two Preliminary Rules
383(2)
Internet Content in the Public Domain
385(6)
Potential Problems Using Public Domain Materials on the Internet
391(7)
Hyperlinks and the Public Domain
398(2)
Copyright and the Internet's Global Dimension
400(6)
Copyright Protection: How Long Does It Last?
Works First Published in the United States
406(4)
Copyright Term for Unpublished Works
410(4)
Works First Published Outside the United States
414(8)
Copyright Notice Requirements
Copyright Notices and the Public Domain
422(1)
Does the Work Lack a Valid Notice?
423(5)
Is a Copyright Notice Required?
428(5)
Is the Omission of a Valid Notice Excused?
433(5)
What If You Make a Mistake?
438(4)
Traps for the Unwary: Trademark and Publicity Rights
Should You Worry About Trademark or Publicity Problems?
442(1)
The Right of Publicity
443(5)
Trademarks
448(10)
Researching Copyright Office Records
Researching Copyright Renewal Records for Works Published 1923--1963
458(22)
Researching Copyright Registration Records
480(4)
What If a Work Is Not in the Public Domain?
Find Another Public Domain Work
484(1)
Obtain Permission to Use the Work
484(3)
Use the Work Without Permission on the Grounds of Fair Use
487(21)
Help Beyond This Book
Doing Your Own Legal Research
508(1)
More Information on Intellectual Property Law
509(8)
Working With an Attorney
517(4)
Appendixes
A. Popular Songs in the Public Domain
521(16)
B. Roman Numeral Conversions
537(2)
C. Public Domain Documentation Worksheet
539(1)
Index

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