Items in the Public Domain

Chris Swanberg · June 18th, 2009, 11:30 PM

Thanks Paul. I was hoping you might share some generalized thoughts.

Folks need to realize that these issues are often complex and do not beget simple answers to generalized questions - nor can a general answer to one question necessarily be transposed to another... they are highly fact dependent.

Having said that I have another Q. Say I find a 1903 painting (or for that matter photgraph) in a book pubished in the USA, the image is just a reproduction, no alternations, no added text overlays, etc. If I use my digital camera to copy it, what potential issues (if any) arise if I try to use it in an original production of mine, to your mind? (again All USA)

Robert Rogoz · June 23rd, 2009, 10:07 AM

Quote:

Originally Posted by Paul Tauger

Sorry I missed this thread. It's doubtful whether a valid copyright covers the paintings, if your dates are accurate. Any such protection should have expired. It is not possible to obtain new protection by re-publishing a work that has already lapsed into the public domain, unless something transformative is done, and then protection only exists as to the new material created by the transformation. As an example, assume a photograph of Marilyn Monroe is in the public domain (none would be, but this is for illustrative purposes only). Andy Warhol's "Marilyn" work, which consisted of a panel of neon-colored, solarized copies of a photo of Marilyn Monroe would be a derivative work and independently protectable in copyright.

Paul, that's interesting- isn't the book itself protected by copy rights? Also just changing the medium, is a music performance itself covered by copy rights? (even if the score is in public domain).

Paul Tauger · June 23rd, 2009, 11:14 AM

Quote:

Originally Posted by Robert Rogoz

Paul, that's interesting- isn't the book itself protected by copy rights? Also just changing the medium, is a music performance itself covered by copy rights? (even if the score is in public domain).

Correct on both counts. Only the original expression, i.e. the original painting, would be in the public domain. With respect to music, if the recording has gone out of copyright, it's available for use. However, a new recording of a score in the public domain would be protected.

Bill Mecca · June 23rd, 2009, 01:31 PM

Digital Copyright Slider

I've found that helpful.

Paul Tauger · June 23rd, 2009, 01:59 PM

Quote:

Originally Posted by Bill Mecca

Digital Copyright Slider

I've found that helpful.

That's a great tool, Bill. Do you know if they update it yearly?

Chris Swanberg · June 23rd, 2009, 05:23 PM

Great find Bill. Thanks.

(It also serves to demonstrate what I was saying about the complexity of making the determination above.)

June 23rd, 2009, 01:31 PM	#19
Bill Mecca Major Player Join Date: Nov 2005 Location: New Jersey Posts: 475	Digital Copyright Slider I've found that helpful. __________________ Award-winning Pine Barrens Documentary! Video, Audio, Music & More

June 18th, 2009, 11:30 PM	#16
Chris Swanberg Major Player Join Date: Dec 2007 Location: Sacramento, CA Posts: 904	Thanks Paul. I was hoping you might share some generalized thoughts. Folks need to realize that these issues are often complex and do not beget simple answers to generalized questions - nor can a general answer to one question necessarily be transposed to another... they are highly fact dependent. Having said that I have another Q. Say I find a 1903 painting (or for that matter photgraph) in a book pubished in the USA, the image is just a reproduction, no alternations, no added text overlays, etc. If I use my digital camera to copy it, what potential issues (if any) arise if I try to use it in an original production of mine, to your mind? (again All USA)

June 23rd, 2009, 05:23 PM	#21
Chris Swanberg Major Player Join Date: Dec 2007 Location: Sacramento, CA Posts: 904	Great find Bill. Thanks. (It also serves to demonstrate what I was saying about the complexity of making the determination above.)