What is Public Domain?

U.S. Copyright Office

18 Dec 201903:24

Summary

TLDRThe video script explains the public domain as a concept encompassing works not protected by copyright in the U.S., including those never copyrighted and those with expired terms. It emphasizes the public domain's significance as a cultural legacy available for study and creative inspiration. The script outlines how works enter the public domain—either by not being copyrightable or by copyright expiration—and advises caution in using such material due to potential new contributions that might be copyrighted.

Takeaways

🏛️ The public domain is a concept, not a physical place, encompassing all works not protected by copyright in the United States.
📚 It includes works that were never copyrighted and those whose copyright protection has expired, making them free to use.
🌐 The public domain provides a vast cultural legacy available for study, development, and as material for new creative works.
📝 Works not covered by copyright, such as facts and ideas, are in the public domain from the moment of creation.
🚫 Some material not protected by copyright might still be covered by other legal protections like patents or trademarks.
⏳ A work enters the public domain when its copyright protection time expires, as determined by the U.S. Constitution.
📚 Copyright law has evolved, affecting when and how a work's copyright expires, with the current law protecting works as soon as they are fixed in a tangible medium.
🔍 The U.S. Copyright Office offers resources to help determine if a work is in the public domain, including circulars and online research tools.
⚠️ Caution is advised when using material thought to be in the public domain, as new contributions to the material may be copyrighted.
🎭 Examples like Shakespeare's 'Romeo and Juliet' illustrate that while the original work is public domain, new creative expressions based on it may be copyrighted.
📚 Original sources are recommended for inspiration to avoid copyright issues, as they are the true public domain materials.
🏛️ Public domain materials can be found in libraries, museums, and archives, serving as rich resources for creativity and learning.

Q & A

What is the public domain?
-The public domain is a concept that refers to all works not protected by copyright in the United States, including works that were never protected and those whose copyright term has expired.
Why does the public domain matter to individuals and society?
-The public domain matters because it provides an extensive and growing cultural legacy that is freely available to everyone for study, development, and as material for new creative works.
What types of works are included in the public domain?
-Works in the public domain include those never protected by copyright, such as facts and ideas, and those whose copyright protection has expired.
Can works in the public domain be protected by other legal means?
-While works in the public domain are not protected by copyright, they could be covered by other legal protections such as patent or trademark laws.
How does a work enter the public domain due to copyright expiration?
-A work enters the public domain when the copyright protection period, as determined by law, has expired.
What is the purpose of copyright as stated in the U.S. Constitution?
-The purpose of copyright, according to the U.S. Constitution, is to promote the progress of science by securing for a limited time to authors the exclusive right to their writings.
How can one determine if a work is in the public domain?
-One can determine if a work is in the public domain by researching copyright records on-site at the copyright office or online at copyright.gov, and by consulting resources such as circulars provided by the copyright office.
What is the difference between a work in the public domain and a derivative work based on it?
-A work in the public domain is free from copyright protection, while a derivative work, which adds new original elements to the original work, may be protected by copyright.
Is it safe to use any material believed to be in the public domain without verification?
-No, it is important to verify the public domain status of a work before using it, as new contributions to the material could be protected by copyright.
Where can materials in the public domain be found?
-Materials in the public domain can be found in libraries, museums, and archives, which serve as great resources for accessing such works.
What should one do when seeking inspiration from a work in the public domain?
-When seeking inspiration from a work in the public domain, it is advisable to go back to the original source to avoid infringing on any new creative expressions that may be protected by copyright.

Outlines

00:00

📚 Understanding the Public Domain

The public domain is a concept, not a physical location, encompassing all works not protected by copyright in the United States. It includes works never copyrighted and those with expired protection terms. The public domain is significant as it provides a vast, accessible cultural legacy for study, development, and creative inspiration. Works enter the public domain either by being unprotected at creation or after copyright expiration, as stipulated by the Constitution. The duration of copyright protection has evolved, and resources are available to determine a work's public domain status. However, caution is advised as new contributions to public domain materials might be copyrighted.

Mindmap

Keywords

💡Public Domain

The public domain is a concept that encompasses all works, ideas, and intellectual properties that are not protected by copyright laws. It is central to the video's theme as it highlights the importance of this domain in fostering cultural heritage and creativity. The video explains that anything in the public domain is free to use, which includes works that were never copyrighted and those whose copyright term has expired, such as Shakespeare's 'Romeo and Juliet'.

💡Copyright

Copyright is a legal protection granted to authors and creators for their original works, giving them exclusive rights for a certain period. The video discusses how the public domain is closely related to copyright, as works enter the public domain when their copyright protection expires. It also mentions that copyright law has evolved over time, affecting the duration of protection.

💡Cultural Legacy

Cultural legacy refers to the accumulated works and traditions of a culture that are passed down through generations. The video emphasizes the public domain as a growing cultural legacy that is accessible to everyone for study and creative inspiration, underlining its significance in preserving and enriching our cultural heritage.

💡Creative Works

Creative works are original intellectual or artistic expressions that are protected by copyright law. The video mentions that the public domain provides material for new creative works, as it includes works that are no longer restricted by copyright, allowing for new interpretations and adaptations.

💡Copyright Term

The copyright term is the duration for which a work is protected by copyright law. The video explains that the length of this term has changed over time and is important for determining when a work enters the public domain.

💡Copyright Office

The Copyright Office is the government body responsible for copyright registration and providing information on copyright law. The video mentions the Copyright Office as a resource for understanding copyright terms and determining if a work is in the public domain.

💡Copyright Registration

Copyright registration is the process of recording the copyright of a work with the Copyright Office. While the video notes that copyright protection begins as soon as a work is fixed in a tangible medium, registration can provide additional benefits and is a step in understanding the public domain status of a work.

💡Founding Fathers

The Founding Fathers of the United States are credited with establishing the basis for copyright law in the Constitution. The video references the Founding Fathers' intent to 'promote the Progress of Science' by granting authors a limited time of exclusive rights, which is foundational to the concept of the public domain.

💡Patent

A patent is a type of intellectual property right that excludes others from making, using, or selling an invention without the inventor's consent for a limited period. The video notes that while some things in the public domain may not be protected by copyright, they could be covered by patent or trademark laws.

💡Trademark

A trademark is a recognizable sign, design, or expression that identifies products or services of a particular source from those of others. The video mentions that, similar to patents, trademarks are a form of legal protection that can apply to certain elements that are not in the public domain.

💡Original Source

The original source refers to the first instance or creation of a work. The video advises to seek inspiration from the original source when using material from the public domain to avoid potential copyright infringement on derivative works that may have added new, copyrighted elements.

Highlights

The public domain is a concept, not a physical place, referring to works not protected by copyright in the United States.

Works in the public domain include those never protected by copyright and those whose protection term has expired.

Material in the public domain is freely available for use by everyone.

The public domain provides an extensive cultural legacy for study, development, and new creative works.

Works not covered by copyright, such as facts and ideas, are in the public domain from creation.

Some material not protected by copyright may still be covered by patent or trademark laws.

A work enters the public domain when its copyright protection time expires, as mandated by the Constitution.

The term of copyright protection has changed over the years, affecting the public domain timeline.

The U.S. Copyright Office provides resources to help determine if a work is in the public domain.

Users must be cautious, as new contributions to public domain works may be protected by copyright.

Original works like Shakespeare's Romeo and Juliet are in the public domain, but new adaptations may have copyrighted elements.

For inspiration, it's recommended to go back to the original source of public domain material.

Public domain materials can be found in libraries, museums, and archives.

For more information, visit the U.S. Copyright Office website, copyright.gov.