Do You Recognize These 5 Common Misconceptions About the Public
Domain?
By Barbara Andrade
You've probably heard that creative works in the public domain
are free for the taking, to repackage and sell as your own.
Sounds great, right? But are you sure you know what "in
the public domain" means? If you intend to republish
public domain content, make sure that's what it really is.
Here are 5 mistaken beliefs people have about the public
domain. How many do you believe?
1. Anything I find on the Internet is in the public domain.
Not true. There are public domain works on the Internet,
but the reason those works are in the public domain has nothing
to do with the fact that they're available online. In the
context of copyright law the term "public domain"
has a specific legal meaning. It means a work is not protected
by copyright. Most everything you'll find on the Internet
is protected by copyright. Don't confuse "available to
the public" with "in the public domain."
2. If a work doesn't have a copyright notice on it, it's
in the public domain.
Not necessarily. Before March 1, 1989, copyright notices
were required on all published works. On that date they became
optional, so works published within the last 18 years don't
need a copyright notice to be protected. In addition, if a
work was published without a copyright notice between January
1, 1978, and March 1, 1989, it did not go into the public
domain if the owner took certain steps to correct the mistake.
3. Books that are out of print are in the public domain.
Don't confuse "out of print" with "out of
copyright." When a book goes out of print its copyright
does not automatically expire. Copyright protection lasts
for a specific term of years whether or not the work is in
print and being sold. Even though most books go out of print
within one year, copyright now lasts for the life of the author
plus 70 years.
4. All US government works are in the public domain.
No, not all. Works created by US government employees as
part of their official duties are in the public domain. But
don't assume that all US government works are copyright free.
If the government hires an independent contractor to create
a work for it, that independent contractor may retain copyright.
In addition, some government organizations can claim copyright
in their works -- and they do. Two examples are the Smithsonian
Institution and the US Postal Service.
5. If I republish or repackage a public domain work, I can
claim copyright in it.
When you add your own material to a public domain work, only
the material you add may be protected by copyright. The underlying
work remains in the public domain. Once a work is in the public
domain no one may claim copyright in it. Let's say you made
a DVD collection of US Army footage from World War II. Your
selection and arrangement of that footage (plus things like
your narration or choice of music) would be copyrightable
-- but the original footage you used would not be. Anyone
else would be free to use it, just as you did.
Don't rely only on what you've heard "in the public
domain" means. If you do, you could end up in legal hot
water.
Barbara Andrade is the founder of http://www.publicdomainsherpa.com
which provides free information and resources that help you
find and use public domain content.
To learn more mistaken beliefs about the public domain, follow
this link: Misconceptions About the Public Domain
Copyright 2007 Barbara Andrade
Article Source: EzineArticles.com
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