Our View: Copyright absurdity must come to an end; Leader-Telegram, January 4, 2022

Leader-Telegram; Our View: Copyright absurdity must come to an end

"It’s far easier to argue that today’s copyright laws are largely beneficial to corporations who don’t want the money from the merchandising spigot turned off. Those companies are the true beneficiaries of 95-year coverage.

Protecting authors and creators is one thing. Ad infinitum extensions for wealthy corporate interests are quite another. It’s time to end this nonsense. We’re not advocating a rollback of the current terms, but we do oppose further extensions.

Absurd laws create contempt for all laws, and the absurdity of the current copyright approach is clear. It should not be compounded."

Column: ‘Winnie-the-Pooh’ (born 1926) is finally in the public domain, a reminder that our copyright system is absurd; Los Angeles Times, January 3, 2022

MICHAEL HILTZIK, Los Angeles Times; Column: ‘Winnie-the-Pooh’ (born 1926) is finally in the public domain, a reminder that our copyright system is absurd

"As it happens, however, this massive release isn’t something entirely worth celebrating. Instead, it’s a pointer to the sheer absurdity of American copyright law, which long ago came under the thumb of the entertainment industry and distant heirs of artists determined to preserve what is essentially a windfall."

Ryan Reynolds Takes Advantage of Winnie-the-Pooh's Public Domain Status for Mint Mobile Ad; CBR.com, January 3, 2021

Kellie Lacey, CBR.com; Ryan Reynolds Takes Advantage of Winnie-the-Pooh's Public Domain Status for Mint Mobile Ad

With A.A. Milne's Winnie-the-Pooh now in the public domain, Deadpool's Ryan Reynolds wastes no time making his own version to promote Mint Mobile.

"In a short video, Reynolds introduces the tale of "Winnie-the-Screwed" and his big wireless bill...

United States copyright laws typically come with a 95-year shelf life on published works, and as of Jan. 1, both Winnie-the-Pooh by A.A. Milne and Felix Saten's Bambi, a Life in the Woods became public domain. This is why Reynolds' video can adhere so closely to the original without fear of legal action."

This Bear’s For You! (Or, Is It?) Can Companies Use Copyright and Trademark To Claim Rights to Public Domain Works?; Duke’s Center for the Study of the Public Domain

Jennifer Jenkins, Duke’s Center for the Study of the Public Domain; This Bear’s For You! (Or, Is It?)

Can Companies Use Copyright and Trademark To Claim Rights to Public Domain Works?

"The original Winnie-the-Pooh book from 1926 is in the public domain. However, Disney still owns copyrights over later works, and trademark rights for “Winnie the Pooh” on a variety of products. Hopefully they will not follow the example of the Sherlock Holmes, Tarzan, or Zorro rights holders and try to use residual rights to prevent what copyright expiation allows. This could lead to unnecessary litigation, and even the threat of lawsuits could chill the creative reuse the public domain is designed to promote.

In fact, Disney’s own beloved works show just how valuable the public domain is. Many of its animated classics were remakes of public domain books and folk tales. Works from Alexandre Dumas, Charles Dickens, Gabrielle-Suzanne de Villeneuve, Jules Verne, Lewis Carroll, The Brothers Grimm, Victor Hugo, Charles Perrault, Hans Christian Anderson, Carlo Collodi, Mark Twain, English folklore, and The Book of One Thousand and One Nights fed Disney’s The Three Muskateers, A Christmas Carol, Beauty and the Beast, Around the World in 80 Days, Alice in Wonderland, Snow White, The Hunchback of Notre Dame, Sleeping Beauty and Cinderella, The Little Mermaid, Pinocchio, Huck Finn, Robin Hood, and Aladdin, to name a few. When it got into a dispute with the rightsholders of Bambi, Disney even filed an unsuccessful lawsuit claiming that the book had gone into the public domain much earlier. Let us hope that Disney remembers its own debt to the public domain when Pooh, and later the Steamboat Willie version of Mickey Mouse, enter the realm from which it has drawn so heavily!"

January 1, 2022, is Public Domain Day: Works from 1926 are open to all, as is a cornucopia of recorded music: an estimated 400,000 sound recordings from before 1923!; Duke's Center for the Study of the Public Domain,

Jennifer Jenkins, Duke's Center for the Study of the Public Domain; January 1, 2022, is Public Domain Day: Works from 1926 are open to all, as is a cornucopia of recorded music: an estimated 400,000 sound recordings from before 1923!

"On January 1, 2022, copyrighted works from 1926 will enter the US public domain, 1  where they will be free for all to copy, share, and build upon. The line-up this year is stunning. It includes books such as A. A. Milne’s Winnie-the-Pooh, Felix Salten’s Bambi, Ernest Hemingway’s The Sun Also Rises, Langston Hughes’ The Weary Blues, and Dorothy Parker’s Enough Rope. There are scores of silent films—including titles featuring Harold Lloyd, Buster Keaton, and Greta Garbo, famous Broadway songs, and well-known jazz standards. But that’s not all. In 2022 we get a bonus: an estimated 400,000 sound recordings from before 1923 2  will be entering the public domain too! (Please note that this site is only about US law; the copyright terms in other countries are different.)

In 2022, the public domain will welcome a lot of “firsts”: the first Winnie-the-Poohbook from A. A. Milne, the first published novels from Ernest Hemingway and William Faulkner, the first books of poems from Langston Hughes and Dorothy Parker. What’s more, for the first time ever, thanks to a 2018 law called the Music Modernization Act, a special category of works—sound recordings—will finally begin to join other works in the public domain. On January 1 2022, the gates will open for all of the recordings that have been waiting in the wings. Decades of recordings made from the advent of sound recording technology through the end of 1922—estimated at some 400,000 works—will be open for legal reuse."

‘Pooh,’ ‘Sun Also Rises’ among works going public in 2022; Associated Press, December 31, 2022

 Associated Press; ‘Pooh,’ ‘Sun Also Rises’ among works going public in 2022

"“Winnie the Pooh” and “The Sun Also Rises” are going public. 

A.A. Milne’s beloved children’s book and Ernest Hemingway’s classic novel, along with films starring Buster Keaton and Greta Garbo are among the works from 1926 whose copyrights will expire Saturday, putting them in the public domain as the calendar flips to 2022. 

Poetry collections “The Weary Blues” by Langston Hughes and “Enough Rope” by Dorothy Parker will also turn 95 and enter the public domain under U.S. law. 

The silent films “Battling Butler” starring and directed by Buster Keaton, “The Temptress” starring Greta Garbo, “The Son of the Sheik” starring Rudolph Valentino, and “For Heaven’s Sake” starring Harold Lloyd are also becoming public property. 

And under 2018 legislation by Congress, sound recordings from the earliest area of electronic audio will become available."

Houdini and the Magic of Copyright; Library of Congress, March 24, 2021

 Anandashankar Mazumdar, Library of Congress; Houdini and the Magic of Copyright

"Magicians do not always reveal their tricks, even when they register their copyright claims. The legendary Hungarian immigrant Harry Houdini registered three of his famous illusions as “playlets,” or short plays, with the U.S. Copyright Office between 1911 and 1914. The playlets were registered as dramatic compositions, which have been eligible for copyright protection since 1856. Houdini’s deposited playlet scripts are now held within the Reader’s Collection, Library of Congress Copyright Office Drama Deposits."

When a Right Click Is Wrong; Comstock's Magazine, September 16, 2020

Lila Wallrich, Comstock's Magazine; When a Right Click Is Wrong

How to avoid creative copyright infringement in your promotion and presentations

"Check the Public Domain

When copyright expires or is voluntarily surrendered, work enters the public domain and becomes available for all. Exclusive rights are nonexistent, and no permission is needed. You just need to do some research to find what you need, starting here: 

• Wikimedia Commons is one of the largest public domain resources for free photographs. 
• Unsplash is a collective of photographers offering high-resolution images for free. 
• Magdeleine is another high-quality resource for free photography. 
• YouTube Audio Library offers free music and sound effects. Search by genre, mood or instrument and download as an MP3 file."

The Great Gatsby prequel set for release days after copyright expires; The Guardian, July 15, 2020

Alison Flood, The Guardian; The Great Gatsby prequel set for release days after copyright expires

"US copyright in The Great Gatsby, which is generally regarded as one of the best novels ever written, expires on 1 January 2021, meaning that the work enters the public domain and can be freely adapted for the first time. Farris Smith’s prequel, Nick, will be published four days later, on 5 January, in the US, by Little, Brown; and on 25 February in the UK by No Exit Press."

‘This Land Is Your Land’ Is Still Private Property, Court Rules; The New York Times, Febraury 28, 2020

Ben Sisario, The New York Times;

‘This Land Is Your Land’ Is Still Private Property, Court Rules

A federal judge shot down a challenge to the copyright of the Woody Guthrie folk anthem, blocking an attempt to put it in the public domain.

"First, “Happy Birthday to You” lost its copyright. Then “We Shall Overcome” became public domain as well.

But on Friday, Woody Guthrie’s “This Land Is Your Land” avoided what had been shaping up as a growing trend affecting the copyright owners of old songs, as the publishers of “This Land” defeated a challenge against it...

On Friday, Judge P. Kevin Castel of Federal District Court in Manhattan did not reach a decision on whether the song deserved to keep its copyright, because he said he didn’t have to. He ruled that there was no legal dispute for him to adjudicate: Satorii had already paid the license fee, and in exchange, the publisher had agreed to let Satorii do what it wanted with the song. The judge dismissed the case."

Smithsonian Releases 2.8 Million Images Into Public Domain; Smithsonian Magazine, February 25, 2020

Katherine J. Wu , Smithsonian Magazine; Smithsonian Releases 2.8 Million Images Into Public Domain

"For the first time in its 174-year history, the Smithsonian has released 2.8 million high-resolution two- and three-dimensional images from across its collections onto an open access online platform for patrons to peruse and download free of charge. Featuring data and material from all 19 Smithsonian museums, nine research centers, libraries, archives and the National Zoo, the new digital depot encourages the public to not just view its contents, but use, reuse and transform them into just about anything they choose—be it a postcard, a beer koozie or a pair of bootie shorts.

And this gargantuan data dump is just the beginning. Throughout the rest of 2020, the Smithsonian will be rolling out another 200,000 or so images, with more to come as the Institution continues to digitize its collection of 155 million items and counting...

The database’s launch also marks the latest victory for a growing global effort to migrate museum collections into the public domain. Nearly 200 other institutions worldwide—including Amsterdam’s Rijksmuseum, New York’s Metropolitan Museum of Art and the Art Institute of Chicago—have made similar moves to digitize and liberate their masterworks in recent years. But the scale of the Smithsonian’s release is “unprecedented” in both depth and breadth, says Simon Tanner, an expert in digital cultural heritage at King’s College London.

Spanning the arts and humanities to science and engineering, the release compiles artifacts, specimens and datasets from an array of fields onto a single online platform."

The Lifecycle of Copyright: 1924 Works Enter the Public Domain; Library of Congress, February 20, 2020

Nicole Lamberson, Library of Congress; The Lifecycle of Copyright: 1924 Works Enter the Public Domain

"Last year, for the first time in twenty years, published creative works entered into the public domain in the United States. Works from 1923 saw their copyright terms end, meaning they were no longer subject to copyright protection. With the new year, works published in 1924 joined them.

The public domain is an important part of the lifecycle of copyright. The U.S. Constitution set the stage for Congress to pass copyright law protection for creative works, granting creators exclusive rights, subject to certain exceptions and limitations, for the use of their works. But, that control is not infinite. Just as significant is the Constitution’s assertion that those exclusive rights should only exist for “limited times.”

Once in the public domain, anyone can use a work without permission from the author. This often means that works in the public domain inspire the creation of new works, adaptations, derivatives, and more—which further enriches the cultural landscape of the country.

On January 1, 2020, thousands of historical and cultural works from 1924 entered the public domain in the United States. These are just a few of the notable highlights."

The Public Domain Is the Rule, Copyright Is the Exception; Electronic Frontier Foundation (EFF), January 23, 2020

Corynne McSherry, Electronic Frontier Foundation (EFF); The Public Domain Is the Rule, Copyright Is the Exception

"Most of our culture, knowledge, and history isn’t "owned" by anyone at all—it is available for all to use in the vibrant and ever-expanding public domain. This domain is populated by formerly copyrighted material and material that was never copyrightable in the first place."

The Murkiness Of The Public Domain; Mondaq, January 7, 2020

Brian G. Murphy, Mondaq; The Murkiness Of The Public Domain

"The Center for the Study of the Public Domain at Duke Law School has posted a list  of some of the now public-domain works from 1924 - the year in which Grover Cleveland was president,  J. Edgar Hoover became head of the FBI, and Truman Capote was born. (Caveat:  I haven't myself verified this list.)...

For a different type of list, check out Slate's list of the worst books and films from 1924  (according to critics writing in 1924).  

However, before you go crazy ripping and mixing songs, books, art and films from 1924, you should keep in mind the following..."

Film and music festival celebrates student creatives and public domain; The Daily Universe, February 6, 2020

Whitney Bigelow, The Daily Universe; Film and music festival celebrates student creatives and public domain

"Student filmmakers and musicians walked away from Wednesday night’s Public Domain Film and Music Festival with over $3000 in cash prizes. 

The festival was put on by the BYU Copyright Licensing Office. Students had 48 hours to create a film based on one of ten pieces of literature from 1924 that entered the public domain at the start of this year. Entries in the music category were given audio recordings from that same year to incorporate into their compositions.

The winner of the evening’s prestigious Best Picture award and $1,000 was a group of students called RHEEL Productions, including Heather Moser, Avery Marshall, Laura Marshall and Emma Spears. Their entry was a dramatic short film entitled “What’ll I Do,” based on the 1924 novel “Some Do Not” by Ford Madox Ford."

BYU students compete to make new art out of old — and now copyright-free — works; The Salt Lake Tribune, February 2, 2020

Sean P. Means, The Salt Lake Tribune; BYU students compete to make new art out of old — and now copyright-free — works

"The entries in BYU’s second annual Public Domain Film and Music Festival will screen Wednesday, Feb. 5, at 7 p.m., at the Varsity Theater on the BYU campus. Admission is free.

The contest covers both film and music based on works whose copyright protection has lapsed. Musicians have a week to compose something based on public-domain music, and film crews of five or fewer have 48 hours to make a short film based on a public-domain book.

The contest is run by BYU’s Copyright Licensing Office, which secures licenses for copyrighted educational materials to be used by the university’s instructors, said Kenny Baldwin, the office’s director of operations.

The contest is a way to educate students about how copyright works, Baldwin said, and “inspire the community to embrace their own right as creators of creative content.”"

Everyone invited: `Great Gatsby’ copyright to end in 2021; Associated Press, January 22, 2020

Hillel Italie, Associated Press; Everyone invited: `Great Gatsby’ copyright to end in 2021

 "The novel’s copyright is set to expire at the end of 2020, meaning that anyone will be allowed to publish the book, adapt it to a movie, make it into an opera or stage a Broadway musical. No longer will you need to permission to write a sequel, a prequel, a Jay Gatsby detective novel or a Gatsby narrative populated with Zombies."

It’s Copyright Week 2020: Stand Up for Copyright Laws That Actually Serve Us All; Electronic Frontier Foundation (EFF), January 20, 2020

Katharine Trendacosta, Electronic Frontier Foundation (EFF); It’s Copyright Week 2020: Stand Up for Copyright Laws That Actually Serve Us All

"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, addressing what's at stake and what we need to do to make sure that copyright promotes creativity and innovation...

We continue to fight for a version of copyright that does what it is supposed to. And so, every year, EFF and a number of diverse organizations participate in Copyright Week. Each year, we pick five copyright issues to highlight and advocate a set of principles of copyright law. This year’s issues are:

• Monday: Fair Use and Creativity
  Copyright policy should encourage creativity, not hamper it. Fair use makes it possible for us to comment, criticize, and rework our common culture.
• Tuesday: Copyright and Competition
  Copyright should not be used to control knowledge, creativity, or the ability to tinker with or repair your own devices. Copyright should encourage more people to share, make, or repair things, rather than concentrate that power in only a few players.
• Wednesday: Remedies
  Copyright claims should not raise the specter of huge, unpredictable judgments that discourage important uses of creative work. Copyright should have balanced remedies that also provide a real path for deterring bad-faith claims.
• Thursday: The Public Domain
  The public domain is our cultural commons and a crucial resource for innovation and access to knowledge. Copyright should strive to promote, and not diminish, a robust, accessible public domain.
• Friday: Copyright and Democracy
  Copyright must be set through a participatory, democratic, and transparent process. It should not be decided through back-room deals, secret international agreements, unaccountable bureaucracies, or unilateral attempts to apply national laws extraterritorially.

Every day this week, we’ll be sharing links to blog posts and actions on these topics at https://www.eff.org/copyrightweek and at #CopyrightWeek on Twitter.

As we said last year, and the year before that, if you too stand behind these principles, please join us by supporting them, sharing them, and telling your lawmakers you want to see copyright law reflect them."

Textbooks are pricey. So students are getting creative.; The Washington Post, January 17, 2020

Lauren Lumpkin , The Washington Post; Textbooks are pricey. So students are getting creative.

"The exact toll taken by college textbook costs is in dispute. Data from the U.S. Bureau of Labor Statistics shows that even as tuition has risen, no cost of college life has increased faster than textbooks. The bureau found that book prices rose 88 percent between 2006 and 2016, and the College Board — which administers the SAT exam — reported that students budget more than $1,200 each year for textbooks and other class supplies, including technology. 

 

Student Monitor, a New Jersey research firm, has published a much lower estimate for student textbook costs — about $500 annually — and said student spending has been on the decline...

 

George Mason and hundreds of campuses throughout the country — including American University and the University of Maryland — are slowly adopting open educational resources, materials that are written by academics for the public domain and available at no cost to students and professors."

Paris Musées embraces open access; europeana pro, January 9, 2020

Douglas McCarthy, europeana pro; Paris Musées embraces open access

"In a major step towards greater open access in France, Paris Musées is releasing its digital collections into the public domain with a CC0 waiver. Europeana's Douglas McCarthy spoke with Philippe Rivière, Head of Communication and Digital at Paris Musées, to find out more."

"Tell us all about the Paris Musées open access announcement. 

From January 2020, Paris Musées will begin releasing digital images of its out-of-copyright works into the public domain under the Creative Commons CC0 waiver. Our first release numbers more than 150,000 images and other sets will follow. We are publishing the material set by set so that the copyright status of the artworks and photographs can be carefully evaluated. 

Which collections and what type of images are being openly released? 

Paris Musées manages the fourteen museums of the City of Paris and altogether the collection numbers over a million artworks. From archaeology to fashion and contemporary art, the collections are remarkably diverse and they are still being digitised. Since May 2016 our collections have been accessible online at http://parismuseescollections.paris.fr/en. 

What motivated Paris Musées to adopt open access now? 

Paris Musées has been working on its open access strategy for some time and discussions intensified during the development of our collections website. Our project team was aware of the international Open GLAM movement and we wanted to make our own contribution to it."