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What Can I Do With Public Domain Works?

Updated on July 15, 2014

Published July 15, 2014

By Rachael O'Halloran

Free Means Free

Public Domain Explained

For anyone who hasn't read any of my other hubs on public domain, it is important to know that works are released into the public domain once per year on January 1 due to no longer being under copyright protection.

It is a much looked forward to date for many artists, librarians, researchers, singers, writers, film makers, producers, agents, and the list goes on and on. However, when the copyright laws changed in 1998, many works were restricted from public domain, either put under a new copyright, or years were added to the existing copyright due to the changes in the law. In some countries, the restricted works are available for a fee.

Why Should You Care?

You should care because public domain works are meant to be free to use as you please. It is not a time when more copyright restrictions are thrust upon expired works.

When a work is in the public domain, it means that anyone can use the work without paying a fee or there is no worry of a lawsuit for copyright infringement.

Public domain works are coveted for a variety of reasons, but most especially for adaptation. Without having the freedom of adaptation, we would not see the many creative twists we see on old stories so that they are updated into new venues. It is how we build new works that can become future traditions.

A good example of adaptation is Charles Dickens' A Christmas Carol. How many different versions, films, and stage productions have you seen of A Christmas Carol? Probably more than a few dozen.

Even though Dickens published his book in 1843, to determine when an author's works come into public domain, we don't use the publication date as reference. We look up the author's date of death and then add 70 years.

Since Dickens died in 1870, that means 70 years later would be 1940. However, the copyright would be intact through to December 31, 1940.

Since we only add to public domain on January 1 each year, that would make it January 1, 1941 when all of his works came into public domain, no matter if they were written on the day he died or 30 years before the day he died. All of the author's works come into public domain at the same time.

Why is public domain important to observe?

If we didn't have a law stating when works come into public domain, all works would stay under copyright forever. Public domain means the works are no longer owned or controlled by anyone. That means: translations can be made, musicals can be adapted and new music can be put to lyrics of songs that are now out of copyright.

Without public domain, we would not have the freedom to use any published work as a building block to a new work.

Example: Poem

Poem To Music

When a poem comes into public domain, you can:

  • put the words to music.
  • use the premise of the poem for a short story or novel.
  • adapt it to make it a screenplay for film or stage
  • include it as one of a collection of poems in other works
  • use portions of the poem in other venues, for example: greeting cards or calendars

These are just some examples. I'm sure you can come up with many more on your own.

Rachael O'Halloran's Trivial Thoughts for the Triva Minded Reader™

A Christmas Carol By Charles Dickens

Charles Dickens wrote A Christmas Carol in six weeks and published the book in December of 1843. By January 1944, "Parley's Illuminated Library" stole the story and republished it without author credit.

Although Dickens sued and won his lawsuit, the Library company declared bankruptcy which left Dickens to pay £700 in court fees and lawyer costs. It was a sum he could barely afford since the first printing edition of 6,000 copies were sold out by Christmas 1843 at only five shillings a copy.

By May 1844, with the seventh edition (printing) also sold out, it was still not a big moneymaker for Dickens, topping off at 24 editions. It is not known how many copies were run off in each edition, but since Dickens had to front some of the costs, one can assume that they were at least 6,000 copies.

A Christmas Carol is one of those books that made Dickens a great success in name, but no so much in real money. He had a large family to support and writing was his only profession, so he branched out into stage plays. At one point, A Christmas Carol enjoyed eight London productions at the same time, all with his blessing.

Dickens was a staunch supporter of copyright laws and didn't blink twice at bringing lawsuits against those who pirated his stories. Most of the time, each lawsuit ended up costing him money, much to his chagrin. It still didn't stop him from going after the next publisher who stole from him.

Example: A Christmas Carol

Using A Christmas Carol as an example, by changing a setting or character name, there have been many spin offs of A Christmas Carol.

Without A Christmas Carol coming into public domain in 1941, the following media would not have been possible without infringing on the copyright of Charles Dickens.

  1. Frank Capra applied his own spin to A Christmas Carol with his 1946 production of "It's A Wonderful Life."
  2. Dr. Seuss probably had Scrooge in mind when he wrote "How The Grinch Stole Christmas!" in 1957
  3. There was a 1935 film version with Seymour Hicks and a 1951 version starring Alastair Sim
  4. In 1970, a musical version won Albert Finney a Golden Globe as Scrooge
  5. In 1984, George C Scott played Scrooge to much acclaim.
  6. There were also radio versions, notably in 1934 with Lionel Barrymore.
  7. American television's first sound film was with Ronald Coleman in 1949.
  8. There was a television version of A Christmas Carol the 1940s, when television was just breaking into the airwaves. There have been many productions since then.

There have been over 100 different adaptations put to music on soundtracks in almost every conceivable music genre. I am sure that I've missed quite a few mentions in my research, so please forgive my oversight.

Although there were at least seven silent versions, the earliest surviving silent adaptation is a 1901 British version called "Scrooge; or Marley's Ghost." In 1910, Thomas Edison made his own silent version. The first British film version with sound was made in 1928.

There have been operas and ballets, Broadway musicals including 1979 Comin' Uptown with an all African-American cast, a mime production by the BBC starring famous mime Marcel Marceau. There was also a 1947 chamber orchestra production by Benjamin Britten called Men of Goodwill: Variations on A Christmas Carol."

There have been at least forty films that have been made using some variation of A Christmas Carol and over 1000 television, ballet, musical, and stage productions.

Charles Dickens would have been proud. :)

Catcher In The Rye by J D Salinger (I do NOT suggest anyone should do this)

Transformational artist Richard Prince took it upon himself to repackage Catcher In The Rye with a new cover and put his own name on the book. Legal?  Yeah, unfortunately.  I rather see the original author's name on the book, sorry.
Transformational artist Richard Prince took it upon himself to repackage Catcher In The Rye with a new cover and put his own name on the book. Legal? Yeah, unfortunately. I rather see the original author's name on the book, sorry.

Cool Stuff

Copyright Calculator

This tool tells you if a work is in public domain or if it isn't, when it will be in public domain. Answer questions in left margin, your answers will show up in the status box. Give as much information as you can and this tool gives you the results as per US Copyright Law only. Not for foreign countries.

List of Copyright Lengths - per country

Copyright Terms in the US - When Public Domain Kicks In - works published in and out of US by Americans, sound recordings, architectural works, and special cases.

Open Library - Over 3 million books available in digital format from a list of contributing libraries and authors. There is a list of FAQ's. Books available for "borrowing" but most are available to "read." Locks are for the visually impaired or blind.

Google Free Books - this is the free screen. If you search around, you'll find the pay titles. See notice in next section about Google lawsuit.

Thanks For Reading

Rachael O'Halloran
Rachael O'Halloran

More Trivia

1. Copyrights used to be short in duration. You had to renew copyrights on your own. You were not asked if you wanted to. Consequently many authors and creators did not renew.

2. Some copyrights can last for over 100 years due to "certain" governments exercising their authority to make a buck. This means that many libraries have books that are commercially unavailable, are still under copyright and some have no copyright holders who can be located, so they are termed "orphan works."

3. With the permission of some of the most notable and prestigious libraries of the world, Google began digitizing some of their works into a searchable database. Any author or library who didn't want to participate was able to opt out of the project. By making many libraries searchable, Google made public domain works available in their entirety for free.

And of course, there were some publishers, authors and representatives of authors who didn't like the idea of the project, even though they had opted out. So they brought a lawsuit against Google.

Google argued that the works were in the public domain and that even so, their use was a "fair use." We will never know if their argument would have panned out and been acceptable because before the trial, a settlement was reached between the Author's Guild and a group of publishers.

The result? Anyone who wants to read the digital works can only do so online now. You can't download them into your own computer of reading device. You have to read them online and you have to pay a fee to do it.

This is what I've been telling you all along. It's all about the money. The fee is being donated, but that's besides the point.

Public domain means free. This lawsuit accused Google of taking public domain works to put them into a searchable database that the public can access and read them for free. Google reiterated that any author or library who did not want to be part of the database was able to opt out and their work would not be included.

You can read more about the argument that was presented stating that the free index gives Google an advantage over every other search engine. I think that is a moot point. They DO have the advantage over every other search engine. Their name is on almost everything!

Do Not Copy

Do Not Copy Thank you for not copying my work
Do Not Copy Thank you for not copying my work

I hope this has helped you understand some of the things you can do with works that come into the public domain.

© Rachael O'Halloran, July 15, 2014

All Rights Reserved

© 2014 Rachael O'Halloran

Comments

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  • RachaelOhalloran profile image
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    Rachael O'Halloran 3 years ago from United States

    #teaches12345, thanks for reading :)

  • teaches12345 profile image

    Dianna Mendez 3 years ago

    This is valuable information for all writers. Thanks for the tips.

  • RachaelOhalloran profile image
    Author

    Rachael O'Halloran 3 years ago from United States

    #Jackie Lynnley

    Thank you for coming back to reply. I'm glad to read that someone actually takes the time to register copyrights with their photos especially in a world where theft of photos is so high.

    When one thinks about it, registering copyright is really not enough when publishing photos online.

    I always advise using a text program to type your name somewhere in the middle of each photo like this - © Jackie Lynnley.

    I use Picasa, but you can use Paint, Lunapic, Photoshop or any text program that you can control the intensity of color. Make your text a similar color to an object in your photo. Then fade the text down to the point where you just about can see it with the naked eye.

    Try not to put it on a straight edge around the perimeter of the photo where someone can crop it off. I like to choose an object in each photo, pick a straight edge there, run my text along side or bury it in the body of a similar color so that I know where it is, but the public doesn't have my name right in their face so it takes away from the aesthetics of the photo. If someone steals the photo, all I have to do is point out my name and it is my instant proof of ownership. They won't be able to argue with that.

    Adding text of your name is just added protection in case someone takes your pictures for their own and so you can identify them in your DMCA infringement report for more convincing to the infringer.

    Your copyright is your protection, but your name buried in the photo is instant proof without having to furnish them with your copyright and personal information.

    Just some suggestions. Thanks again for your comment.

    Rachael

  • Jackie Lynnley profile image

    Jackie Lynnley 3 years ago from The Beautiful South

    Yes you did answer it then; thanks. I just copyright all my written stuff together as collections and my photos together as collections and I always will do that; it is so inexpensive I think to protect what is yours. Interesting article and I will come back to read your others as soon as I get time. ^

  • RachaelOhalloran profile image
    Author

    Rachael O'Halloran 3 years ago from United States

    #Jackie Lynnley

    Usually when you copyright photos, you do it in groups or in collections so everything in the collection is covered on the one copyright for one fee.

    If the photos are part of a book, then the book copyright covers the photos as well and there is no reason to do a separate copyright for the photos unless you intend to use them in another book or work.

    As for your question about free domain, I'm not sure I understand what you mean when you ask if you can change it.

    Public domain works are items that are no longer covered on the owner's copyright because they died 70 years before the year they came into public domain.

    Public domain items are free to anyone who wants to use them, either - to include as part of a collection, to build on - for example a short story to lengthen into a novel, or to transform, as in a painting and adding a background or extra people into the painting.

    Public domain items can never become yours in their present state.

    They become yours when you do something to alter them as stated in the examples.

    If any of the above doesn't cover your question, please elaborate and if I don't know your answer, I'll research and find an answer for you.

  • Jackie Lynnley profile image

    Jackie Lynnley 3 years ago from The Beautiful South

    It is a shame people dont' get a copyright on their stuff if they really want it. In the US it is super cheap and on photos the last I got one on mine it was like unlimited photos; took me forever to download and doing it online only cost $35! I was wondering on the free domain if since it is free you can change it? I assume you could; but then can it become yours? Do you cover that in your other articles?

  • RachaelOhalloran profile image
    Author

    Rachael O'Halloran 3 years ago from United States

    #FlourishAnyway, Thanks for reading :)

  • FlourishAnyway profile image

    FlourishAnyway 3 years ago from USA

    It is all about the money. I agree, Rachel. Sad.

  • RachaelOhalloran profile image
    Author

    Rachael O'Halloran 3 years ago from United States

    #Mel Carriere and #vkwok, Thank you both for reading and commenting

  • vkwok profile image

    Victor W. Kwok 3 years ago from Hawaii

    Thanks for sharing this insightful and useful hub, Rachael. Thumbs up!

  • Mel Carriere profile image

    Mel Carriere 3 years ago from San Diego California

    I learned a lot of interesting facts about the public domain here. It's amazing that the plagiarists were just as shameless in Dickens day. Great hub!

  • RachaelOhalloran profile image
    Author

    Rachael O'Halloran 3 years ago from United States

    #billybuc

    Thank you, billybuc! I'm hoping through reading my hubs that many will see the value and make use of public domain works. Thanks for reading :)

  • billybuc profile image

    Bill Holland 3 years ago from Olympia, WA

    Great research, and thank you fro the concise explanation. Information every online writer should read. Thank you Rachael.

  • RachaelOhalloran profile image
    Author

    Rachael O'Halloran 3 years ago from United States

    #MsDora,

    I'm working on an article right now about Getty Images screaming copyright infringement to those who have used photos off their website. Instead of asking for the photos to be taken down, as is normal protocol, they are using extortion letters citing from $750 to $8000 in fees that they want the infringer to pay for the use of the photo.

    They feel that taking the photo down will not be enough because of "cache" storing it on the person's server and the bottom line is they are a business and they want to be paid. Their cases have been dragged through the lower courts for almost five years now and so far no one has been paid.

    It stems from this one big obstacle, and it IS a biggie!

    The persons receiving the extortion letter wrote back to Getty asking them to prove and show where they own the rights to these photos.

    Each time, Getty pointed them to their website saying "they are right there on the website, the public copyright notice is there, each item has a copyright symbol. This is infringement and you owe us for using them."

    Not only do they have poor management in legal advice but I think they are allowing a first grader to play with and answer their email.

    Any moron can slap a copyright symbol on a photo or website, whether they have one or not on works they are legally or illegally accessing. To prove they own it requires a certificate of copyright, clearly something Getty does not have or they would have produced it for the over 200 people who are suing them in this one class action suit. It's been 5 years, if they don't have it by now, they don't have it.

    ##############

    But then you get these places who wait until someone uses their property and slams them with fees. There is a class action lawsuit now and it is going to be decided after the summer is over. I can't wait to see what happens with it. They are asking for friend of the court letters, and I'm seriously thinking about it. My husband wants me to bow out, that I'd only be calling attention to myself. But really I want to call attention to the fact that Getty does NOT own ALL of those photos and that they slam their copyright on any one they please. Extortion letters is like hitting a mosquito with an Atomic Bomb...overkill. Something isn't right in Denmark and this case will show what it is. Everything always comes out in the wash.

    ######################

    A donation is of your own free will and of an amount of your choosing. A suggested donation is exact that - it is suggested, sometimes in a stated amount and sometimes not. It is to let the public know they are in need of funds. Usually. I steer clear of those types of requests. Anyone can dupe people on the internet these days - many have - and I'd rather think they are deceptive as opposed to legitimate unless it is proven otherwise.

    Use free pictures, public domain, or make them yourself. Don't part with your money once, because they will be after you to part with your money again.

    Thanks for reading and for your question.

  • RachaelOhalloran profile image
    Author

    Rachael O'Halloran 3 years ago from United States

    #bravewarrior,

    Thank you for your continued support :)

  • MsDora profile image

    Dora Weithers 3 years ago from The Caribbean

    Thank you for your explanations, Rachel. Now there are some photos that are labelled public domain, and some artists ask for a donation; but some downright charge a fee. Does that mean that those who have fees are being deceptive?

  • bravewarrior profile image

    Shauna L Bowling 3 years ago from Central Florida

    Another interesting article, Rachael. The tools you provide in the side bar are quite valuable. Thanks for sharing your hard work with us!

  • RachaelOhalloran profile image
    Author

    Rachael O'Halloran 3 years ago from United States

    #lambservant

    Thank you. Please check out my other two Public Domain hubs. The links are at the end of this article. Thanks for reading and I'm glad you found it useful.

  • lambservant profile image

    Lori Colbo 3 years ago from Pacific Northwest

    This is great. I did not know much of this information. I am going to check out the links too. Way to go helping us hubbers hub better.