Public Domain Day 2020 | Duke University School of Law

“On January 1, 2020, works from 1924 will enter the US public domain,1 where they will be free for all to use and build upon, without permission or fee. These works include George Gershwin’s Rhapsody in Blue, silent films by Buster Keaton and Harold Lloyd, and books such as Thomas Mann’s The Magic Mountain, E. M. Forster’s A Passage to India, and A. A. Milne’s When We Were Very Young. These works were supposed to go into the public domain in 2000, after being copyrighted for 75 years. But before this could happen, Congress hit a 20-year pause button and extended their copyright term to 95 years.2

Now the wait is over. How will people celebrate this trove of cultural material? The Internet Archive will add books, movies, music, and more to its online library. HathiTrust will make tens of thousands of titles from 1924 available in its digital library. Google Books will offer the full text of books from that year, instead of showing only snippet views or authorized previews. Community theaters can screen the films. Youth orchestras can afford to publicly perform the music. Educators and historians can share the full cultural record. Creators can legally build on the past—reimagining the books, making them into films, adapting the songs….”

Public Domain Day 2020 Pre-1976

“Dr. King’s “I Have a Dream” speech, the books The Fire Next Time and Where the Wild Things Are, the film The Birds, songs from With the Beatles and The Freewheelin’ Bob Dylan, and more. . .

Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. Prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1963 would enter the public domain on January 1, 2020. Under current copyright law, we’ll have to wait until 2059.1 Elsewhere on this site, we celebrate works from 1924 that will actually be entering the public domain in 2020, after a 95-year term. But 1924 was a long time ago—imagine if works from 1963 and earlier were “free as the air to common use”! Here’s what could have been….”

Celebrate Public Domain Day with Events Around the World

The following is a guest post by Creative Commons community member Sebastiaan ter Burg.

In January 2020 there will be events all over the world to celebrate the fact that new works have entered the public domain. The country where a work is published determines when copyright expires. For example, where I’m from in the Netherlands, copyright vested in a work expires on the first day of January—70 years after the death of the work’s author. Meanwhile, works published in Mexico are copyrighted for a full 100 years after their death of their authors. That’s a long time! 

This is why we celebrate Public Domain Day, which happens on the first day of each year when new works enter the public domain. It’s a day to celebrate the lives of authors who died many years ago and whose works have finally become available to the world to access and use freely. Do you want to know if a Public Domain Day event is happening in your country? Or are you involved in the organization of an event in your country? Then head over to pdday.org to see where events are being held or to add your own event.

pdday.org is also a larger initiative to stimulate the publishing of works in the public domain. In addition to cataloguing events, the site aims to to collect practical tools and best practices for doing things like determining whether a work is in the public domain. The video below is an example of how cultural institutions in The Netherlands get training in determining public domain material in their collections.

I hope you’ll join us in celebrating Public Domain Day wherever you are in the world by attending an event, creating your own, or taking some time to learn about what the public domain is all about and why it’s important.

See also: Save the Date! Public Domain Day 2020 Is Happening in January in Washington, D.C.

The post Celebrate Public Domain Day with Events Around the World appeared first on Creative Commons.

The Public Domain Line is Moving Again – One Year Later | Internet Archive Blogs

“When I started my work, many of the books from the 1920s had come into the public domain because they didn’t have proper © notice, or they weren’t renewed in their 27th year. But as of 1996, that was no longer true with the foreign works that were still under copyright in their home country. This included Vera who had all of her works restored, even the ones no one really cared or knew about. Most who were writing about the war had survived through 1918, and many of the great artists and authors lived until the 1970s. All of their works were restored automatically. For a European historian, the world was quite bleak. All of our source materials for the most part were restored and therefore not easily included in scholarly articles and dissertations.

Now, as of 2019, the world is moving again. Works from 1923 were released into the public domain last year….

While Internet Archive has many books that are available through their lending system—books that we have access to and read, and while Section 108(h) allows libraries to copy and disseminate non-commercially available books in the last twenty years of their term, this does not allow scholars the freedom to use the books without fear of threats, or use of more than a judge might think acceptable under fair use. This is particularly problematic for biographers, who tend to rely on some sources in ways that families may threaten with a lawsuit (think the Schloss case with the Joyce estate) or publishers that may feel uncomfortable relying on fair use….

But the joy of the public domain in the U.S. is more than the great works; it is also the ephemera – the photographs in newspapers, postcards, films and so much more that have been locked up because they were restored as foreign works. All of these works are now coming into the public domain, and it is glorious. As of January 1, 2020, any work published anywhere in the world before 1925 is in the public domain in the United States….”

The Public Domain Line is Moving Again – One Year Later | Internet Archive Blogs

“When I started my work, many of the books from the 1920s had come into the public domain because they didn’t have proper © notice, or they weren’t renewed in their 27th year. But as of 1996, that was no longer true with the foreign works that were still under copyright in their home country. This included Vera who had all of her works restored, even the ones no one really cared or knew about. Most who were writing about the war had survived through 1918, and many of the great artists and authors lived until the 1970s. All of their works were restored automatically. For a European historian, the world was quite bleak. All of our source materials for the most part were restored and therefore not easily included in scholarly articles and dissertations.

Now, as of 2019, the world is moving again. Works from 1923 were released into the public domain last year….

While Internet Archive has many books that are available through their lending system—books that we have access to and read, and while Section 108(h) allows libraries to copy and disseminate non-commercially available books in the last twenty years of their term, this does not allow scholars the freedom to use the books without fear of threats, or use of more than a judge might think acceptable under fair use. This is particularly problematic for biographers, who tend to rely on some sources in ways that families may threaten with a lawsuit (think the Schloss case with the Joyce estate) or publishers that may feel uncomfortable relying on fair use….

But the joy of the public domain in the U.S. is more than the great works; it is also the ephemera – the photographs in newspapers, postcards, films and so much more that have been locked up because they were restored as foreign works. All of these works are now coming into the public domain, and it is glorious. As of January 1, 2020, any work published anywhere in the world before 1925 is in the public domain in the United States….”

Are You Ready to ROR? An Inside Look at this New Organization Identifier Registry – The Scholarly Kitchen

“As a former full-time PID person (until recently I was ORCID’s Director of Communications), I am convinced of the important role that persistent identifiers (PIDs) play in supporting a robust, trusted, and open research information infrastructure. We already have open PIDs for research people (ORCID iDs) and research outputs (DOIs), but what about research organizations? While organization identifiers do already exist (Ringgold identifiers, for example, have been widely adopted; Digital Science’s GRID is still relatively new), until recently there has been no truly open equivalent. But that’s changing, as you will learn in this interview with the team behind the newly launched Research Organization Registry—ROR….”

 

Justices debate allowing state law to be “hidden behind a pay wall” | Ars Technica

“The courts have long held that laws can’t be copyrighted. But if the state mixes the text of the law together with supporting information, things get trickier. In Monday oral arguments, the US Supreme Court wrestled with the copyright status of Georgia’s official legal code, which includes annotations written by LexisNexis.

The defendant in the case is Public.Resource.Org (PRO), a non-profit organization that publishes public-domain legal materials. The group obtained Georgia’s official version of state law, known as the Official Code of Georgia Annotated, and published the code on its website. The state of Georgia sued, arguing that while the law itself is in the public domain, the accompanying annotations are copyrighted works that can’t be published by anyone except LexisNexis.

Georgia won at the trial court level, but PRO won at the appeals court level. On Monday, the case reached the US Supreme Court.

During Monday’s oral argument, some justices seemed skeptical of Georgia’s position.

“Why would we allow the official law to be hidden behind a pay wall?” asked Justice Neil Gorsuch.

Georgia’s lawyer countered that the law wasn’t hidden behind a paywall—at least not the legally binding parts. LexisNexis offers a free version of Georgia’s code, sans annotations, on its website.

But that version isn’t the official code. LexisNexis’ terms of service explicitly warns users that it might be inaccurate. The company also prohibits users from scraping the site’s content. If you want to own the latest official version of the state code, you have to pay LexisNexis hundreds of dollars. And if you want to publish your own copy of Georgia’s official code, you’re out of luck….”

Download More Than 300 Art Books From the Getty Museum’s Virtual Library | Colossal

“Over the last five years, the Los Angeles-based Getty Museum has developed a program to share more than three hundred books in its Virtual Library. Each unabridged volume, drawn from the Getty Publications Archive, has been cleared for copyright issues and is available for free download. Greg Albers, Digital Publications Manager for Getty Publications, shared with Hyperallergic that books in the Virtual Library have been downloaded 398,058 times to date. The initiative is a way to keep compelling and historically important books available even if they have, literally, gone out of print. Topics in the Virtual Library collection range from fine and decorative art genres to features on specific artists. Dive into diverse titles including “Art and Eternity: The Nefertari Wall Paintings Conservation Project 1986 – 1992” and “Julia Margaret Cameron: The Complete Photographs”—among dozens and dozens of others on the Virtual Library Website….”

Download More Than 300 Art Books From the Getty Museum’s Virtual Library | Colossal

“Over the last five years, the Los Angeles-based Getty Museum has developed a program to share more than three hundred books in its Virtual Library. Each unabridged volume, drawn from the Getty Publications Archive, has been cleared for copyright issues and is available for free download. Greg Albers, Digital Publications Manager for Getty Publications, shared with Hyperallergic that books in the Virtual Library have been downloaded 398,058 times to date. The initiative is a way to keep compelling and historically important books available even if they have, literally, gone out of print. Topics in the Virtual Library collection range from fine and decorative art genres to features on specific artists. Dive into diverse titles including “Art and Eternity: The Nefertari Wall Paintings Conservation Project 1986 – 1992” and “Julia Margaret Cameron: The Complete Photographs”—among dozens and dozens of others on the Virtual Library Website….”

Georgia v. PublicResource.Org: Copyright Case Before the Supreme Court | Authors Alliance

“The Code Revision Commission (the “Commission”), an arm of the State of Georgia’s General Assembly, is mandated to ensure publication of the statutes adopted by the General Assembly. It does so by contracting with the LexisNexis Group (“Lexis”) to maintain, publish, and distribute the Official Code of Georgia Annotated (“OCGA”), an annotated compilation of Georgia’s statutes. Following guidelines provided by the Commission, Lexis prepares and sells OCGA, which includes the statutory text of Georgia’s laws and annotations (such as summaries of judicial decisions interpreting or applying particular statutes). Lexis also makes unannotated versions of the statutes available online.

Public.Resource.Org (“PRO”) is a non-profit organization that promotes access to government records and primary legal materials. PRO makes government documents available online, including the official codes and other rules, regulations, and standards legally adopted by federal, state, and local authorities, giving the public free access to these documents. PRO purchased printed copies of the OCGA, digitized its content, and posted copies online through its own website.

Georgia filed suit against PRO claiming copyright infringement. Before the lower courts, PRO invoked the judicially-created “government edicts” doctrine. As a matter of public policy, courts have held that government edicts having the force of law, such as statutes and judicial decisions, are not eligible for copyright protection. While the court of first instance agreed with the State of Georgia and the OCGA was found to be copyrightable, on appeal the Eleventh Circuit held that under the government edicts doctrine, OCGA is not copyrightable and rejected Georgia’s infringement claim against PRO. Now, the issue before the Supreme Court is whether Georgia can claim copyrights over the OCGA annotations or if it is prevented from doing so because the annotations are an edict of government….”