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Oct 25, 2017
30,084
Tampa
https://www.smithsonianmag.com/arts...yrighted-works-enter-public-domain-180971016/
"Whose woods these are, I think I"—whoa! We can't quote any more of Robert Frost's "Stopping by Woods on a Snowy Evening," because it is still under copyright as this magazine goes to press. But come January 1, 2019, we, you, and everyone in America will be able to quote it at length on any platform.


At midnight on New Year's Eve, all works first published in the United States in 1923 will enter the public domain. It has been 21 years since the last mass expiration of copyright in the U.S.

That deluge of works includes not just "Stopping by Woods on a Snowy Evening," which appeared first in the New Republic in 1923, but hundreds of thousands of books, musical compositions, paintings, poems, photographs and films. After January 1, any record label can issue a dubstep version of the 1923 hit "Yes! We Have No Bananas," any middle school can produce Theodore Pratt's stage adaptation of The Picture of Dorian Gray, and any historian can publish Winston Churchill's The World Crisis with her own extensive annotations. Any artist can create and sell a feminist response to Marcel Duchamp's seminal Dadaist piece, The Large Glass (The Bride Stripped Bare by Her Bachelors, Even) and any filmmaker can remake Cecil B. DeMille's original The Ten Commandments and post it on YouTube.

"The public domain has been frozen in time for 20 years, and we're reaching the 20-year thaw," says Jennifer Jenkins, director of Duke Law School's Center for the Study of the Public Domain. The release is unprecedented, and its impact on culture and creativity could be huge. We have never seen such a mass entry into the public domain in the digital age. The last one—in 1998, when 1922 slipped its copyright bond—predated Google. "We have shortchanged a generation," said Brewster Kahle, founder of the Internet Archive. "The 20th century is largely missing from the internet."

For academics fearful of quoting from copyrighted texts, teachers who may be violating the law with every photocopy, and modern-day artists in search of inspiration, the event is a cause for celebration. For those who dread seeing Frost's immortal ode to winter used in an ad for snow tires, "Public Domain Day," as it is sometimes known, will be less joyful. Despite that, even fierce advocates for copyright agree that, after 95 years, it is time to release these works. "There comes a point when a creative work belongs to history as much as to its author and her heirs," said Mary Rasenberger, executive director of the Authors Guild.
 

skullmuffins

Member
Oct 25, 2017
7,426
or they will, until Disney successfully lobbies Congress to pass another extension (yeah I'm cynical)
 

Android Sophia

The Absolute Sword
The Fallen
Oct 25, 2017
6,123
Wow, it took twenty-one years for a single year of copyrighted works to enter the public domain?

Copyright extensions have significantly delayed what enters in the public domain, sadly.

As the quote in the article says, "The 20th century is largely missing from the internet", and it's a sad state of affairs.
 

JealousKenny

Banned
Jul 17, 2018
1,231
Steamboat Willie was created in 1928 not 1923 so Disney has time to stop it.

Can someone explain how copywrite and trademark work? So could any company just remake Steamboat Willie but if Mickey Mouse is trademarked how do you get around that? Do you have to change the name of the mouse?
 
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Cosmonaut X

Member
Oct 26, 2017
1,947
Incorrect, The movie short Steamboat Willie will fall into public domain, assuming Disney lets it happen, but the character will not.

There have been arguments made - pretty compelling ones - that due to mistakes in copyright notices on title cards, the early films may already be in the public domain (though Disney have thrown threats of lawsuits at the people making those arguments and they remain untested in court).
 

Deleted member 1086

User requested account closure
Banned
Oct 25, 2017
14,796
Boise Area, Idaho
Mickey Mouse in the public domain? Holy shit that's going to be weird.
Mickey Mouse is trademarked and will continue to be so as long as Disney uses him as a commercial property(so forever), however individual films starring the character will theoretically be in the public domain at some point.

Think of it this way, there are Looney Tunes cartoons in the public domain utilizing Bugs Bunny and other Warner Bros. characters that remain trademarked by the company, as a result these individual cartoons can be reproduced and re released at any time by anybody, but the characters in the cartoons themselves cannot, without permission.
 
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VariantX

Member
Oct 25, 2017
16,901
Columbia, SC
95 years is more than enough time for something to fall into public domain. It probably should be something like 75 years but considering the circumstances, I'll take what we can get.
 

Loxley

Prophet of Truth
Member
Oct 25, 2017
9,627
95 years is more than enough time for something to fall into public domain. It probably should be something like 75 years but considering the circumstances, I'll take what we can get.

It actually was 75 years until Disney got Congress to extend it by another 20 back in 1998.
 
Mar 3, 2018
4,514
Could someone kindly explain something to me;

So you have various forms of media that go into public domain after certain amount of time passes. Yet, why do you see an ancient text from 2500 years ago being sold for $59.99 at the bookstore. Is it purely because some modern historian has added their own insight which is included in the book? Is that basically the loophole? I don't mean to be dismissive of people who study this stuff or translate it...but at the same time I have come across some books that barely added much commentary or any new insight on works from ages ago.
 

Kitsunelaine

Self-requested ban
Banned
Oct 25, 2017
6,382
95 years is more than enough time for something to fall into public domain. It probably should be something like 75 years but considering the circumstances, I'll take what we can get.

give me a solid 30-40 years. People should be able to see works that they grew up with fall into the public domain at a reasonable point in their lives. Otherwise the excersize is pointless.
 

Lkr

Member
Oct 28, 2017
9,533
Could someone kindly explain something to me;

So you have various forms of media that go into public domain after certain amount of time passes. Yet, why do you see an ancient text from 2500 years ago being sold for $59.99 at the bookstore. Is it purely because some modern historian has added their own insight which is included in the book? Is that basically the loophole? I don't mean to be dismissive of people who study this stuff or translate it...but at the same time I have come across some books that barely added much commentary or any new insight on works from ages ago.
Can you give an example of a 2500 year old text being $60 in a book store?
And anything can cause that. Part of being in the public domain means it can be reprinted. You don't have to buy that, you can read it for free elsewhere
 

Deleted member 1086

User requested account closure
Banned
Oct 25, 2017
14,796
Boise Area, Idaho
Could someone kindly explain something to me;

So you have various forms of media that go into public domain after certain amount of time passes. Yet, why do you see an ancient text from 2500 years ago being sold for $59.99 at the bookstore. Is it purely because some modern historian has added their own insight which is included in the book? Is that basically the loophole? I don't mean to be dismissive of people who study this stuff or translate it...but at the same time I have come across some books that barely added much commentary or any new insight on works from ages ago.
Public domain means anyone can take a work and re use and release it commercially. Ironically much of Disney's empire was built off the public domain, many of their animated classic films are based on stories that are public domain stories. Which is why people get up in arms that Disney steadfastly protects "Steamboat Willie" and other films they made from falling into the public domain.
 

zou

Member
Oct 29, 2017
745
give me a solid 30-40 years. People should be able to see works that they grew up with fall into the public domain at a reasonable point in their lives. Otherwise the excersize is pointless.

lol, you make it seems as if authors can't wait for their work to become free. and 30 or 40 years is a joke.

edit: 30 years would mean HP1 would be public domain in 10 years. Would be just as ridiculous as the Disney extension was.
 

skullmuffins

Member
Oct 25, 2017
7,426
Could someone kindly explain something to me;

So you have various forms of media that go into public domain after certain amount of time passes. Yet, why do you see an ancient text from 2500 years ago being sold for $59.99 at the bookstore. Is it purely because some modern historian has added their own insight which is included in the book? Is that basically the loophole? I don't mean to be dismissive of people who study this stuff or translate it...but at the same time I have come across some books that barely added much commentary or any new insight on works from ages ago.
Well, anyone can sell a public domain work. Translations also have their own copyright that's independent of the copyright of the original work.
 

corasaur

Member
Oct 26, 2017
3,988
Could someone kindly explain something to me;

So you have various forms of media that go into public domain after certain amount of time passes. Yet, why do you see an ancient text from 2500 years ago being sold for $59.99 at the bookstore. Is it purely because some modern historian has added their own insight which is included in the book? Is that basically the loophole? I don't mean to be dismissive of people who study this stuff or translate it...but at the same time I have come across some books that barely added much commentary or any new insight on works from ages ago.

because if you think you can sell a version of a public domain work for money, you have the right to go for it. public domain doesn't mean that the work cannot be monetized, just that you can't be sued for drawing upon it.

might also be a loophole for fresh translations? i'd imagine you have some kind of copyright to a fresh interpretation of something originally in ancient greek if you do your own translation from scratch.
 

TDLink

Banned
Oct 25, 2017
8,411
Since there seems to be some confusion, Mickey Mouse and/or Steamboat Willie are not entering the public domain with this. They are works of 1928. This is just putting works created in 1923 into the public domain (finally). If Disney does nothing about it in 2019, then when 2020 rolls around, 1924 works will enter the public domain... and so on and so forth.

So basically Disney has 5 years to "stop" (ie, further fuck up copyright law) Mickey from slipping away.
 

Cosmonaut X

Member
Oct 26, 2017
1,947
give me a solid 30-40 years. People should be able to see works that they grew up with fall into the public domain at a reasonable point in their lives. Otherwise the excersize is pointless.

30-40 years is within the life of the creators. I think 75 was about right in terms of letting the original creators benefit from their copyright during the lifetime, and for them to pass to their heirs to enjoy the benefits for a time after their death before it fell into the public domain. 95 years or more benefits companies like Disney and tips the balance away from the common interest in a way I don't agree with.
 

Wulfric

Member
Oct 25, 2017
5,967
The article is spot on. Superman is coming up in 2033 unless Warner Bros. has anything to say about it.

Narrator: They do.

Could someone kindly explain something to me;

So you have various forms of media that go into public domain after certain amount of time passes. Yet, why do you see an ancient text from 2500 years ago being sold for $59.99 at the bookstore. Is it purely because some modern historian has added their own insight which is included in the book? Is that basically the loophole? I don't mean to be dismissive of people who study this stuff or translate it...but at the same time I have come across some books that barely added much commentary or any new insight on works from ages ago.

The original text is free, but a new translation (which is a lot of hard work) is seen as a "transformative work" and can be copyrighted. Those editions also contain essays and forwards from scholars and prominent writers. A fancy faux leather binding and commissioning new illustrations can jack up the price too.

Barnes and Noble has their hardcover classics starting at $15 or $20. $60 sounds like a university press or smaller print run.
 
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Kitsunelaine

Self-requested ban
Banned
Oct 25, 2017
6,382
lol, you make it seems as if authors can't wait for their work to become free. and 30 or 40 years is a joke.

edit: 30 years would mean HP1 would be public domain in 10 years. Would be just as ridiculous as the Disney extension was.

Nah. Works when created and published become just as much the public's property as they are creator's property. That's the point of exchanging ideas. The public deserves to have this reflected in the law at some point in their lifetime. 30-40 years is a decent enough window to be the only person who can sell something.
 
Mar 3, 2018
4,514
Can you give an example of a 2500 year old text being $60 in a book store?
And anything can cause that. Part of being in the public domain means it can be reprinted. You don't have to buy that, you can read it for free elsewhere

Sorry I was exaggerating a little. I just mean for example how I can go and buy the Iliad/odyssey for $30. Have definitely seen them package a few classic ancient book together during the holidays and sell them as a set for $60.
 

Deleted member 1086

User requested account closure
Banned
Oct 25, 2017
14,796
Boise Area, Idaho
Since there seems to be some confusion, Mickey Mouse and/or Steamboat Willie are not entering the public domain with this. They are works of 1928. This is just putting works created in 1923 into the public domain (finally). If Disney does nothing about it in 2019, then when 2020 rolls around, 1924 works will enter the public domain... and so on and so forth.

So basically Disney has 5 years to "stop" (ie, further fuck up copyright law) Mickey from slipping away.
Mickey Mouse the character will not enter the public domain unless Disney fails to keep his trademark. Which is extremely unlikely so don't count on Mickey ever becoming public domain.

The film "Steamboat Willie", which Mickey debuted in, was supposed to enter the public domain in 1998, but the copyright laws were extended after lobbying by Disney. However as stated before the copyrights to that film are questionable at best, even if the rights have never been contested in a court of law. Some works have used pieces of "Steamboat Willie" commercially and gotten away with it, the most notable is The Simpsons parody "Steamboat Itchy" which lifted scenes directly from the Disney cartoon.
 

ManaByte

Attempted to circumvent ban with alt account
Banned
Oct 27, 2017
11,087
Southern California
Since there seems to be some confusion, Mickey Mouse and/or Steamboat Willie are not entering the public domain with this. They are works of 1928. This is just putting works created in 1923 into the public domain (finally). If Disney does nothing about it in 2019, then when 2020 rolls around, 1924 works will enter the public domain... and so on and so forth.

So basically Disney has 5 years to "stop" (ie, further fuck up copyright law) Mickey from slipping away.

Mickey will never slip away since he's a trademark.
 

TDLink

Banned
Oct 25, 2017
8,411
Mickey Mouse the character will not enter the public domain unless Disney fails to keep his trademark. Which is extremely unlikely so don't count on Mickey ever becoming public domain.
I'm inclined to agree with you. But I think a solution has to be found so that it isn't something holding up literally everything else from entering the public domain.
 

Wulfric

Member
Oct 25, 2017
5,967
I shudder to think of a world where Alice is locked away behind closed doors. Copyright law is fucked if the conglomerates keep extending their hand. The biggest characters are no longer created by individual authors, but at corporations.
 

Deleted member 11413

User requested account closure
Banned
Oct 27, 2017
22,961
Sorry I was exaggerating a little. I just mean for example how I can go and buy the Iliad/odyssey for $30. Have definitely seen them package a few classic ancient book together during the holidays and sell them as a set for $60.
Those could be new translations. There is also nothing wrong with printing and selling public domain works, in that case you are paying for the cost of producing the physical item and the retail process, not the intellectual property.
 

PanickyFool

Banned
Oct 25, 2017
5,947
America's intellectual property laws are intentionally busted.
One of the main motivations for this law was to normalize with Europe.

Europe is fucking insane with copyright.

However copyright should not be more than the original 20 years. No reason a scientists life work should be granted a shorter Monopoly than a artist's.