How Copyright Works: Returning Works to Public Domain | Berklee Online
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- Опубліковано 22 сер 2018
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In this video, Berklee Online course author E. Michael Harrington explains what public domain means. For something to be considered in the public domain, it has to have been created before 1923. For example, anything that Bach wrote is public domain, so we can use it as inspiration and take portions of it and change it. In the twentieth century, copyright law changed from lasting 28 years to having automatic renewal of copyright. For example, Warner Chappell shouldn’t own “Happy Birthday” because it’s public domain, and should be free from copyright. Dr. Harrington-who has served as an expert witness in high-profile court cases regarding this sort of infringement case-provides several examples of times when people thought a certain song was in the public domain, only to be sued after finding out that the song was protected by copyright.
About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.
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Copyright Law | E. Michael Harrington | Public Domain | Copyright Infringement | Happy Birthday | Music Business | Berklee Online | Berklee College of Music | Music Business Law
Very helpful video! Getting ready to work on Christmas music, knowing how to use public domain songs will be essential for the project. Thanks for posting!
Glad it was helpful!
I hope you are correct. I think you are. A few years ago a local small town bar owner was forced out of business because he put happy birth day on his karaoke machine. The local musicians union brought in lawyers from ASCAP and sued him out of business. ASCAP made millions out of this fraudulent copyright. Thanks
He is correct. A judge ruled that the copyright claim on Happy Birthday is invalid. As a result of a settlement, Warner/Chappell was required to create a $14 million fund to repay the licensing fees it had collected over the years. Unfortunately whatever small slice of this settlement the owner of this now shuttered bar may receive probably won't be nearly enough to cover the losses he suffered because of corporate greed.
@@photios4779 It's now Public Domain because I played that song in a Minor Key on the Saw w/ a Cello bow 15 octaves higher than written.
Question for you sir regarding old letters. Which version of the law applies?
Good work at School..Counselor, lol. Yikes it's great to see the legal minds at work Defending all artworks, music, works, & of course Class, "all", lol. We know the timespace specifications at School (aroaa), our eternity terms.
I wish to add someday to this great Lawyer's EUD work here, regarding public domain, and its purpose & various points.
Good voice too for this guy, right on key to Bach, yay!😊❤🔒
Is Live-streaming public domain music allowed to play on instrument on however you play it? Stuff like classical can you play instrument on livestream or uploading?
How do I make Shure if something is under public domain or comfy right?
thank you for sharing this valuable information
Hey wanted to ask if im covering Silent Night which is public Domain, should i still go through my license distributor (distrokid) I am just a bit confused about having to put the information through distrokid. Any advice? Thank you hope to hear back soon
does anyone know how to apply a public domain mark to my book? if i want to use a painting from the public domain for the book cover.
Something in the public domain has no owner associated with it, so there is actually no legal need to provide any kind of "public domain mark." Sometimes though, the terms of service of a photographic library or database that makes available images of public domain art require that the museum or gallery where the art is hosted, the library provider or photographer be credited. Otherwise, it's still a matter of courtesy to give appropriate credit to the artist, even if his or her art being in the public domain doesn't make this a legal requirement. I've come across many books where a caption located somewhere in the front matter of the book provides explanatory details and credit regarding the art or photo printed on its cover. I would recommend doing something similar.
3:00 I can't find any information about Publix and Lover's Concerto. Does anybody know what the outcome of that situation was? It would have been nice if that had been included in the video - without talking about the result, the story is pointless.
can a site let youtube index public domain videos to then send out copyright claims to users of that footage ??
I think if the material is considered as public domain, you are free to use the content without fear of being sued for copyright, but if the material is copyright protected, The Fair Use Act comes into play as it allows the general public to openly discuss material on copyright material openly, but there are certain restrictions that applies as there are limits on how much copyright material can be shown legally without risks of a lawsuit.
Does that mean that i must first copyright my creations and then add them to the public domain?
Napolean Hill, Think and Grow Rich, in the Public Domain? Is this how to
properly use it? I thought it had to be prior to 1923? Thanks!
I see people taking Think and Grow Rich and using it and this is printed in it:
Published 1938 The Ralston Society, Meriden, Conn.
Copyright© 1937 by Napoleon Hill
This book is a reproduction of the complete and original 1937
version of Think and Grow Rich by Napoleon Hill, originally
published by The Ralston Society and now in the public domain.
This edition published with an original cover design by Zizi
Iryaspraha S. with original foreword and additional Real Estate
materials by Tim & Julie Harris. This edition is neither
sponsored nor endorsed by, or otherwise affiliated with, the
Napoleon Hill Foundation, The Ralston Society, or any other
person or entity
It's true that all works older than 95 years (i.e. published before 1925 as of 2020) are in the public domain under American law. But he also spoke at 3:40 about a second way in which older 20th century works have entered the public domain, even though they were published less than 95 years ago. Prior to 1978, the United States had a renewal requirement in which a work's copyright had to be renewed 28 years after publication. Failure to do so would result in it irrevocably entering the public domain. Napolean Hill failed to renew the copyright on _Think and Grow Rich_ in 1965, which is 28 years after the book was first published, so it entered the public domain in the United States. It needs to be emphasized that this book is ONLY public domain in the United States. Hill died in 1970 and most other countries give authors either a full 50 or 70 years of copyright protection after their death. For example, this book will not enter the public domain in Canada (life + 50 years) until 2021 and will only enter the public domain in the European Union (life + 70 years) in 2041. Anyone who sells or otherwise makes this book available needs to bear in mind that it is still copyrighted internationally.
Public domain websites like Nasa are free for use for commercial purposes for anyone in the world or only for US citizens?
Thank you for your knowledge, information and willingness to educate us regarding these obviously tricky situations legally. I’m interested in bringing a series of books from the Public Domain about female courage and wisdom, to support women currently facing our challenges in these times. I found one I’d like to start the project with, so I need to learn the legal steps necessary to assure I’ll be working within the law. Can you direct me to the best websites I’d be able to learn what I need to know for the most efficient effective flow forward with my vision?
Or can you offer me information to support me moving forward with my idea? Gratitude for your time and anything you can offer in answering my request Berklee Online.
I'm not a lawyer and cannot provide legal advice, but I do want to share some general thoughts. You can do whatever you want with a book that has entered the public domain because all copyright ownership rights associated with it have expired. It is legal to republish it or make new works based upon it. But there are a few things you need to be aware of:
(1) It is possible for someone to still hold valid trademarks related to a public domain book. Let's suppose for example that someone wants to create a shirt design based upon a female character in a public domain book who exemplifies courage and wisdom. Before proceeding, it would be wise to check databases of registered trademarks to see if shirt designs featuring that character's name or identity have already been trademarked, just in case.
(2) The duration of copyright protection varies from one country to another. It is possible that a public domain book in the United States remains under copyright protection in Canada or the European Union. So if you plan to republish public domain books and make them available for sale on an international distribution platform like Amazon, you need to make sure that it is actually in the public domain in every country in which it will be available for sale. This can get complicated in countries outside the United States which generally give either 50 or 70 years of copyright protection following the death of a content creator. If a book has multiple authors or includes photos licensed from various photographers, the book won't fully enter the public domain until either 50 or 70 years has elapsed following the death of ALL these contributors to the book's content. If a book was first published more than 140 years ago, you can reasonably assume the original edition is public domain everywhere in the world; otherwise you have to do careful research to make sure.
Anyways, if you need proper legal advice, I would suggest consulting an attorney. As for websites, there is the online legal encyclopedia NOLO and an "open access" legal textbook (specific to American copyright law) titled "Intellectual Property: Law & the Information Society-Cases and Materials" which you search up online.
This may not be relevant now, but I suggest you contact Project Gutenberg www.gutenberg.org/about/ I believe they will be most helpful.
If you’re a content creator on UA-cam, there’s a bit more leeway when it comes to the principles of The Fair Use Act as you can publicly comment on certain copyright materials you want to cover. Of course, there are limitations of how much copyright content you can use but it’s a great way to bring attention on the books you want to be in the public domain.
If I write a book and use a public domain photo for my cover or in the book , can I still copyright my book without problems
How about if I give credit?
Public domain means that no one owns the original creation. If you took something without adding anything to it, you can’t copyright it.
If you take something that is public domain, but add a creative spin to it, it becomes fair use or something you can make money off.
What about Stevie Wonder birthday song is it copyrighted
So for example...
If Superman becomes public domain; it would be the classic Superman. Each year that passes another story of Superman becomes public domain, and so on, and so forth.
Now do i have to use that specific version of Superman, or am i able to create my own version?
Sherlock Holmes provides a good analogy and legal precedent. A few years ago, there was a case involving a fan fiction writer who wanted to publish some new Holmes detective stories. Arthur Conan Doyle's estate sought to collect royalty payments, claiming that because his later (post 1923) original stories about Holmes are still protected by copyright, the entire character is still under copyright protection despite his earlier stories having already entered the public domain. The court rejected this argument and said that Holmes as described and fleshed out in the public domain stories properly belongs to the public domain. Only the original elements added to the later stories still under copyright protection are protected.
Once Superman begins to enter the public domain many years from now, copyright law would not prohibit you from using the specific version of Superman described and fleshed out in those early stories that are in the public domain. You can even create your own version with your own unique interpretations. But what you cannot do is incorporate stuff from the later versions of Superman that remain under copyright protection.
That being said, there is still a huge pitfall here though. Although Superman's copyrights will expire, his trademarks will not as long as they are still being actively used. It is possible for a character in a public domain story to retain trademark protection, with Tarzan being a notorious example (see the Wikipedia article titled "Edgar Rice Burroughs, Inc." for more info). This will make things tricky for anyone who wants to use Superman even after he begins to enter the public domain. (P.S. I'm no lawyer or legal expert, so nothing said here should be interpreted as legal advice.)
@@photios4779what your saying is understandable but you should know that copyright is about the expression not the idea. Superman isnt copyrightable. He is trademarkable but not cannot be copyrighted. You cannot copyright an idea. And if some of his works do go PD. You could in all honesty just reprint the comics. Nobody will ever be able to use superman. Superman will always remain the sole property of DC comics. D.C. and WB would definitely be all over you if you tried to use their golden boy.
Nope you can’t use superman full stop. Superman is and will always be solely a dc comics character. There will never be multiple supermans.D.C. would be allover you if you tried to lay a paw on their golden boy.
@@photios4779 Thanks. I've been looking into this, and it's fascinating. They honestly can't stop you from using Tarzan, as long as you don't advertise that your using him. Still that's always hard. How do you sell Tarzan without advertising that it's a new TARZAN story
@@photios4779 One question, if 2 book characters, famous for been a couple, first apear in, for exemple, 1955, but the romance only happen in 1960, can i make then a couple in a diferent context or do i need to wait 5 years to make then a couple?
I recorded kumbaya with different lyrics and called it a different name on my cd which is for sale. Is that legal? Thank You
Kumbaya is considered as public domain mostly due to a technicality of the law. Their reasoning was because it “is a work prepared by an officer or employee of the United States Government as part of that person's official duties under the terms of Title 17, Chapter 1, Section 105 of the US Code.” which the first recording of the song dated back in 1926. In the case of Rev Martin vs Frey in 1939, the original claim that Rev. Martin owns the copyrights to the song kumbaya but ultimately the case was dismissed mostly due to the fact that Rev. Martin was not the original creator of the song, it was impossible to trace the original creator of the song as it had already been publicly well known and sung openly in the African American community, and by the original recording of the song dated back in 1926, way before Rev. Martin had bought the copyrights in 1939. Since the original recordings was from a government employee, by technicality, it’s as government own material and considered as public use by default. I hope that explains a bit about the history and I hope that everything goes well with your song.
What about a using a real shut down company in a work of fiction? (Ex. Caldor)
I'm not a lawyer so this is not legal advice, but it seems to me the most important factor to consider is whether its name and other associated trademarks are still active. Even if a company has been shut down, someone else might have scooped up its trademarks and are still using them. But if its trademarks have lapsed, then there are certainly less intellectual property concerns surrounding the use of the company in fiction. There might be other considerations to take into account too, so if you're planning to commercially publish a work of fiction in which a real shut down company plays a prominent role, I would suggest speaking to a lawyer.
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If I wait like 30 years, can I legally re-create Disney land as it was in 1955?
Why would you do that instead of making something else?
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