Public Domain Riches
By OSAblogger on Nov 19, 2009 in Thoughts on Security
Three Rules Of The Public Domain: How To Know If a Work is in the Public Domain
You can build an entire commerce based upon the re-publication of content in the Public Domain without investing any money, but you will have to adhere to certain rules that pertain to what is versus what is not public domain, and this changes from country to country. To make matters simple, this article will focus on what is, vis a vis what isn’t public domain in the U.S.
The U.S. is the ideal origin of public domain works, for the simple reason that it is the most important market and comprises the biggest collection of English language creative works out of all the English language countries. This will make it easier for you to accelerate your success in the public domain. The following are three basic guidelines which will assist you to gauge, at least preliminarily, whether the copyright for a creative work that originated in the U.S. is still in force or has expired.
RULE #1: Creative works published in the USA before 1923 are in the public domain. Although the verbiage employed in literature published before 1923 is often dated, there are also many classics from the pre-1923 era. Besides literature, you have drawings, photographs, and films to name a few. Public Domain Expert Tony Laidig has established that there is an unquestionable goldmine of content available to those who invest the energy and time to update, repackage, and re-publish it.
RULE #2: Creative works published in the USA between 1923 and March 1, 1989 are also copyright protected, provided that certain procedures have been adhered to. If the author, publisher or creator of the work neglected to observe the following procedures, the work will fall into the public domain:
- Published between 1923 and 1978 without a valid copyright notice;
- Published between 1978 and March 1, 1989, without a notice and registration;
- Published between 1923 and 1963 with a copyright notice but author failed to renew it in the 28th year after publication.
RULE #3: Works created post March 1, 1989, even if not published, are protected by copyright for seventy years after the author’s death. Works made for hire post March 1, 1989 are protected by copyright for one hundred and twenty years from the date of creation, or 95 years from the date of publication, whichever comes earlier.
This rule means todays authors do not necessarily need to record a formal notice of copyright, although it is still wise to do so in case the need should ever arise where you need to enforce your rights or seek legal damages or reparations.
The phrase “works made for hire” refers to publications created by a paid professional, freelancer, or employee who have created something for a third party. One exception to this rule is that the majority of Federal USA Govt. publications, even when created post March 1, 1989, are generally in the public domain by default.
The preceding 3 rules are broad-stroke and there are some finer points and some exceptions that are applicable to creative works in the post 1923 period. Lawyer Bob Silber covers some of these legal intricacies in the course Public Domain How To by with Russell Brunson, a brilliant resource for people with a desire to build a business and profit from the republishing of public domain works.
Written by: OSAblogger / Bill Wardell - Please Read Our Latest OSA eZine Edition
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