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This " common law copyright " in most states granted unpublished works a perpetual copyright, valid until an eventual publication of the work.

This gives the following situation in the US:. Another important class of possible unpublished works are artworks , in particular paintings. Because an artwork is not published by being exhibited, and also neither by being created or sold, one needs to know when reproductions of the artwork photos, postcards, lithographs, casts of statues, and so on were first published.

That constitutes publication of the artwork, and from then on, the work is subject to all the rules for published works. For most artworks, a year is usually given, but this is normally the year the work was made, not the year it was published.

Figuring out whether and if so when a particular painting was published can be difficult. In the case that an artwork created before is not published until or later, it comes into the public domain 70 years after the author's death.

However, if it is first published between and inclusive , it will still be copyrighted in the US until the end of Proof of publication is mandatory; uploaders making a "public domain" claim on a reproduction of an artwork are required to prove with verifiable details that the work was first published before , or first published after with an artist who died more than 70 years ago.

Reasonable effort should be made to find the earliest publication. If any is found from before , that's good enough and the work is in the public domain.

Remember, though, that "publication" means "lawful publication", which implies the consent of the author of the original. If only a publication of or later can be asserted, the work should not be assumed to be in the public domain without evidence.

If it was published before and had no copyright notice or if it was published before and the copyright was not renewed it should be in the public domain.

Works published abroad rarely complied with US formalities but may still be copyrighted if they were copyrighted in their home country on January 1, , when the URAA restored copyrights in foreign works.

Unpublished works by a known author, however, are subject to the same minimum protection 50 years p. But this is only a minimum protection.

Individual countries can and do make their own rules regarding unpublished works, and often go beyond this minimum. Some cases to illustrate the possible complexities are:.

Such cases may be important when trying to determine whether a non-US work was copyrighted on January 1, See " country-specific rules " above.

A "phonorecord" is the physical medium LP, tape, CD, or other on which a sound recording is fixed. Sound recordings, including digital recordings, are a very complex special case in US copyright law.

Note: although "sound recording" encompasses also non-musical sounds, the topic is discussed here in the context of music recordings without loss of generality.

A sound recording is different from a musical work. A musical work would be a composition notes and words. Publicly performing a musical work does not constitute "publication" in the sense of the copyright law.

Presumably, a musical work is published when the score sheets are published. The publication of a sound recording before January 1, , does not constitute publication of an underlying musical or dramatic or literary work 17 USC b.

A sound recording is copyrighted separately from the musical work it records. Publicly distributing phonorecords of the sound recording constitutes publication of the sound recording.

In the case of broadcasts, there's also the copyright of the broadcaster on the broadcast to consider. All of these have to have expired before the work enters the public domain.

As of October , there have been significant changes to US sound recording copyright as a result of the Music Modernization Act see [7] and [8].

Prior to the passage of the law, sound recordings made before February 15, , were not covered by US federal copyright law, but were subject to state laws instead, effectively meaning that no sound recordings could be considered to be in the public domain, no matter how old.

Under the Music Modernization Act, the situation is as follows:. On an international level, sound recordings are not covered by the Berne Convention.

Additionally, the US has ratified the Phonograms Convention in , it entered in force on March 10, An illustrative case in the US showing some of the complexities of determining the copyright status of even old recordings is Capitol Records v.

Briefly, that decision about old recordings that were made in the United Kingdom in the s and that had entered the public domain there in the s 50 years after their creation stated that these were still eligible for copyright protection under the common law of the state of New York, even though they were in the public domain in the UK prior to January 1, , and thus not eligible for copyright restoration under the URAA.

The reason given was precisely that records from the s were not covered by federal law and the URAA and its cut-off date did not apply to state law.

The minimum term defined in the Rome Convention is just 20 years, but many countries go further. As a result, the URAA generally restored federal copyright on foreign sound recordings made or later, even though domestic records from — do not benefit from such federal copyright.

As far as foreign records are concerned, common law copyright applies only to pre records. Later records are covered by federal law.

And, as the Capitol v. Naxos case showed, absence of federal copyright due to non-restoration does not mean the foreign recording were in the public domain in the US.

In the United Kingdom , the copyright of a sound recording expires 50 years after it was made. However, from 1 November , the copyright of a sound recording expires 70 years from the end of the year of publication, when it was first played in public or communicated to the public, whichever event occurred first.

Prior to November , the copyright of a sound recording expired 50 years from the end of the year of publication, when it was first played in public or communicated to the public, whichever event occurred first.

Therefore, any work which copyright expired on 1 January or prior will not be affected and remain in the public domain. Movies are called "motion pictures" in the US Copyright law and belong to the class of "audiovisual works".

A movie comprises both the sequence of images and the accompanying sound, if any. They are subject to the same copyright rules as other works, with a few extras.

Among the exclusive rights of the copyright holder on a movie are the rights to display publicly the movie or individual images from it.

Therefore, even the display of a single frame from a movie is subject to the copyright on the film. For movies, the question of whether a movie is a published work may arise, because public showings in theaters do not constitute publication.

At the same time, the process of disseminating a movie involves or used to involve a distributor placing copies of the movie in its branch offices which were sometimes called "exchanges" or "regional exchanges" from where they would be rented to exhibitors.

As such, a film that has been distributed and then shown in movie theaters to the general public can be treated as being published.

The matter of movies is complicated when the movie itself is a derivative work of some earlier work, for instance a previously published novel.

As with all derivative works, the copyright on both the derivative and the underlying base work must have expired before the film is truly in the public domain.

If only the rights on the film have expired, publication of the movie is still subject to the consent of the rights holder of the underlying work.

A similar case occurred with the film It's a Wonderful Life , which was thought to be in the public domain when its copyright owner failed to renew its copyright in However, in , the copyright owner determined that it still held the rights to the underlying story.

The situation gets even more confusing if the effects of renewals are taken into account. In particular, what about the status of derivative works created during the base work's initial copyright term, i.

Abend U. On the other hand, this applies only to explicit copyright renewals, i. As per 17 USC a 4 A , it does not apply to automatic copyright renewals since Other issues that may arise with movies include the situation where a movie's footage shows items of preexisting artwork that are copyrighted separately from the movie.

In addition, though publication of a movie also constitutes publication of the underlying screenplay elements that the movie incorporates see Shoptalk, Ltd.

Note that in most countries, all this is not an issue at all. As movies are granted the same copyrights with the same terms as the underlying work s , the copyright on the underlying work typically expires first.

But in the US, it is quite possible that the copyright on a movie was not renewed or the movie was published without copyright notice while the book on which it is based was properly copyrighted and renewed.

In such cases, the movie will be in the public domain only when the book is in the public domain, too. With cartoons, a slightly different issue may arise.

Cartoon characters are, themselves, objects of copyright, [56] as they themselves are works of art and not a phenomenon of nature.

The most famous example is, most likely, Mickey Mouse. He appeared in in the animated movies Plane Crazy and Steamboat Willie , and was copyrighted at that time.

The copyright was properly renewed and, because of the terms of the Copyright Term Extension Act , its copyright runs for 95 years since the original publication and is currently set to expire at the end of The Mickey Mouse case is complicated even more because the character has become a trademark of The Walt Disney Company , which means that even "fair use" of the character must be carefully evaluated to avoid trademark infringement.

Similar to the above, an animated movie enters the public domain only when the copyrights on both the movie and the character have expired.

Even if there were a Mickey Mouse movie that was not under copyright due to non-renewal or other reasons, that movie would not be in the public domain until the end of , when the copyrights on Plane Crazy , Steamboat Willie and on Mickey Mouse will have expired.

The same applies, of course, to other cartoon characters such as Donald Duck , or the Warner Bros. It also applies to comic strips and comics characters, such as Superman.

Many TV shows may in fact be unpublished works for the purpose of copyright because wireless broadcast does not constitute publication. In addition, it is not clear as to whether syndication of a TV show constitutes publication for the purpose of copyright.

Supp D. Conn, held that syndication of TV shows under restrictive agreements did not constitute publication, though it is not clear as to whether other courts would come to the same decision.

It applies to all buildings that were completed not begun after December 1, , or where the plans were published after that date.

However, the US federal copyright law explicitly exempts photographs of such copyrighted buildings from the copyright of the building in 17 USC a.

Anyone may take photographs of buildings from public places. The photographer holds the exclusive copyright to such an image the architect or owner of the building has no say whatsoever , and may publish the image in any way.

In German copyright law, this is called " Panoramafreiheit ". Not all countries recognize this right; in France and Greece for instance, there is no such freedom of panorama and thus the copyright holder of a building has the right to control the distribution of photographs of the building.

In many other countries, this freedom of panorama extends also to works of the visual arts that are permanently located in public places, but that is not the case in the United States.

In many countries, taking photographs of military installations is also illegal or it is illegal to reproduce cultural heritage without the permission of its owner but that prohibition is independent of copyright.

A work that is derived or adapted from a public domain work can itself be protected by copyright only to the extent that the derived work contains elements of originality contributed by the author of the derived work.

For example, an abstract painting of a famous photograph would be protectable, as is the distinctive rendition of the Star Spangled Banner performed by Jimi Hendrix.

The protection available to these works does not remove the underlying work from the public domain, and the author of the derivation has no cause of action against another person who makes a derivation of the same public domain work.

A work that is merely a "slavish copy", or even a restoration of an original public domain work is not subject to copyright protection.

In the case of Hearn v. Meyer , F. Supp S. The illustrations were in the public domain, and the court found that the act of rendering them with bolder and more vibrant colors was not an original contribution sufficient to remove the restored works from the public domain.

The Supreme Court of the United States has explicitly rejected difficulty of labor or expense as a consideration in copyrightability in Feist v.

See also " Non-creative works " above. Public records are not necessarily in the public domain. Citizens generally have the right to access many items in the government's public records, but this right to access does not include a right to republish or redistribute the works so accessed.

In general, copyright is neither lost nor waived when a work becomes part of the public record. Being in the public record and copyright are two independent concepts.

Uses of works from the public record must comply with copyright law. Many items in the US public records are in the public domain as works of the US federal government , such as court decisions by federal courts.

The constitution and statutes of some states, such as California and Florida , generally do not permit public records to be copyrighted.

In the United Kingdom , many items in the public records are copyrighted. Official works in the UK are under Crown copyright , and this copyright subsists if the item was published before it was placed in a public record repository.

Only for works that were placed in such repositories without having been published before, the Crown waives its copyright.

Common sense would suggest that once the copyright of a particular work has expired in a country and it had thus entered the public domain in that country, it would always remain in the public domain there.

Unfortunately, this is not always true. It is possible that the copyright laws of a country are changed such that works already out of copyright under the old law become copyrighted again under the new law.

Such copyright restorations complicate considerably the matter of deciding whether a work is indeed in the public domain.

There are several examples of such laws restoring copyrights. Because Spain has had a strict copyright law with a long copyright term of 70 years p.

It suddenly makes works copyrighted in the US that previously were in the public domain there. Examples of such copyright restorations also exist in other countries.

Such copyright restorations typically are not ex post facto laws. Briefly, an ex post facto law is one that retroactively criminalizes or punishes more severely acts done before the law was passed.

July 1, ]. Member States shall adopt the necessary provisions to protect in particular acquired rights of third parties. Unlicensed earlier publications of the work while it was still in the public domain in the US are not punished "after the fact", i.

For existing derivative works, 17 USC A d 3 stipulates that a "reasonable compensation" must be paid for continued use.

On Wikipedia, such works may be used under a "public domain" claim only if their copyright in the country of origin has expired, even though legally the work is in the public domain in the US.

Jimmy Wales has expressed a strong desire that such countries' copyrights be respected. Furthermore, it also avoids future problems with images on Wikipedia if some of these countries should enter a copyright treaty with the US, because then suddenly such works will become copyrighted in the US by virtue of the URAA see above if they are still copyrighted in their country of origin.

Previously uploaded images might then have to be reevaluated. As an example, consider Iraq , which is, despite all the political and military confusion, a WTO observer and is in the process of applying for WTO membership.

Are they still copyrighted? What about governmental images such as propaganda? What about images seized by Nazi Germany?

The copyright situation in Germany concerning such images is in itself confusing. Originally, these images were subject to the Kunsturhebergesetz KUG , which provided for a copyright term for photographs of 10 years from publication, or 25 years p.

As a result, copyright on photographs from the World War II expired at the end of This was caused by Spain's longer copyright term of 80 years p.

As a result, an image published in that had been in the public domain in Germany since became copyrighted again in with the EU term of 70y p.

As a result, such images were copyright protected on January 1, [69] which is the critical date as far as US copyright law is concerned , and therefore, they are copyrighted even in the US.

They might fall in the US only under 17 U. Most of these seized copyrights were returned to their foreign owners in by public law Pub.

United States 69 F. It is also unclear what the US position on "official" images of the Nazi regime is. It should be noted that even the NARA acknowledges the presence of copyrights from the war era on some of its holdings remaining with the institutions and individuals who own the artwork, as opposed to their Nazi plunderers.

Another example are German newsreels , a kind of weekly news shown in movie theatres before the advent of television.

In the US the copyright on these films from until the s had expired due to non-compliance with US formalities; the copyright was then restored in by the URAA on those published after The Transit Film company then even filed so-called "notices of intent to enforce" NIEs with the US Copyright Office and can now even enforce its copyrights against parties who used their films rightfully!

In the United Kingdom, confiscated German works brought into the country between September 3, , and July 9, , had all German interests, both physical ownership and intellectual property rights such as copyrights or patents, extinguished by the Enemy Property Act of This expropriation affected only the status of such works within the UK; the international rights on German works were left untouched.

From Wikipedia, the free encyclopedia. For the "proposed deletion" process, see Wikipedia:Proposed deletion.

For the encyclopedia article, see Public domain. For information about persondata, see Wikipedia:Persondata. It is a generally accepted standard that editors should attempt to follow, though it is best treated with common sense , and occasional exceptions may apply.

Any substantive edit to this page should reflect consensus. When in doubt, discuss first on the talk page. See also: Threshold of originality and Sweat of the brow.

For non-US works published without compliance with US formalities i. If published between and inclusive in a language other than English , the Ninth Circuit has considered them as "unpublished works" according to Peter Hirtle and following the decision of the United States Court of Appeals for the Ninth Circuit in the case Twin Books v.

Disney in If published between and inclusive in English, they are highly likely to be PD, given that the aforementioned controversial case was only about a work published in a foreign language.

Additionally, any work first published outside of the United States without copyright notice before , when the US joined the Berne Convention, is in the public domain in the US if it was in the public domain in its country of origin on the URAA date in most cases January 1, See the section on country-specific rules for more information.

Also, the cut-off date applies only to the US. This means foreign works first published before are in the public domain in the US, but may still be copyrighted outside the US.

United States Copyright Office. December 22, Retrieved November 8, Government Works , retrieved October 8, Retrieved December 29, URL last accessed Manchester applying same principle to state judicial records.

Manchester , U. Myers , U. The US Supreme Court has not addressed the intersection of copyright protection for law since then. See Code Revision Commission v.

Org, Inc. As a matter of longstanding public policy, the U. Copyright Office will not register a government edict that has been issued by any state, local, or territorial government, including legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials.

Likewise, the Office will not register a government edict issued by any foreign government or any translation prepared by a government employee acting within the course of his or her official duties A work that does not constitute a government edict may be registered, even if it was prepared by an officer or employee of a state, local, territorial, or foreign government while acting within the course of his or her official duties.

Archived from the original PDF on December 23, To qualify as a work of 'authorship' a work must be created by a human being Works that do not satisfy this requirement are not copyrightable.

The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings Similarly, the Office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.

Retrieved December 22, The copyright law does not protect typeface or mere variations of typographic ornamentation or lettering.

As a general rule, typeface, typefont, lettering, calligraphy, and typographic ornamentation are not registrable.

URL last accessed June 21, Florida Gulf Coast University. Retrieved Irwin Law. Canadian Intellectual Property Law and Strategy.

Oxford University Press. Toronto: University of Toronto Press. University of Montreal. Retrieved 11 December Ottawa: Copyright Board of Canada.

Section b 5 of the Act states that works first published by the United Nations or any of its specialized agencies, or first published by the Organization of American States are eligible for copyright protection in the United States.

A good explanation, but note that some dates mentioned there have been superseded by the copyright term extension of the CTEA in Legal Information Institute, Cornell University.

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