Studios’ Offer to Writers May Lead to AI-Created Scripts That Are Copyrightable; The Hollywood Reporter, August 23, 2023

 Winston Cho, The Hollywood Reporter; Studios’ Offer to Writers May Lead to AI-Created Scripts That Are Copyrightable

"But missing from the proposal, which was described as meeting the “priority concerns” of the guild, is how the studios need writers to exploit any work created by AI under existing copyright laws. That’s because works solely created by AI are not copyrightable. To be granted protection, a human would need to rewrite any AI-produced script...

By keeping AI on the table, the studios may be looking to capitalize on the intellectual property rights around works created by the tools. “If a human touches material created by generative AI, then the typical copyright protections will kick in,” a source close to the AMPTP says...

The studios may be looking toward producing of AI-generated scripts, but copyright protection is only possible for those works if they are revised by human writers. Material created solely by AI would enter the public domain upon release, potentially restricting opportunities for exploitation."

Copyright Infringement Suit Involving Nirvana and Dante’s ‘Inferno’ Illustration Heads to the UK; ArtNews, July 5, 2023

DANIEL CASSADY , ArtNews; Copyright Infringement Suit Involving Nirvana and Dante’s ‘Inferno’ Illustration Heads to the UK

"According to Bundy, not only are Nirvana and Live Nation using her grandfather’s work without permission but they are also claiming ownership of the work and adding copyright notices to the image.

Nirvana and Live Nation’s legal representative told Courthouse News that in the United States the image has been in the public domain since at least 1949. “Resolving the claims will require determinations of complex English and German copyright law issues based on decades-old documents and witnesses in England,” the attorneys added."

The 1954 Liz Taylor movie, "The Last Time I Saw Paris" entered the public domain 10 years early because the copyright notice had an error; BoingBoing, March 14, 2023

MARK FRAUENFELDER, BoingBoing; The 1954 Liz Taylor movie, "The Last Time I Saw Paris" entered the public domain 10 years early because the copyright notice had an error

"According to Wikipedia, The Last Time I Saw Paris (1954), is based on F. Scott Fitzgerald's short story "Babylon Revisited." It stars Elizabeth Taylor, Van Johnson, Walter Pidgeon, Donna Reed, Eva Gabor, Kurt Kasznar, and Roger Moore and has 2.9 out of 5 stars on Letterboxd. It looks like it's worth watching just because Elizabeth Taylor is so beautiful.

The film entered the public domain 10 years early because someone at the studio goofed when they added the Roman numerals to the copyright notice."

ARE THE CREATIVE COMMONS PUBLIC DOMAIN TOOLS FIT-FOR-PURPOSE IN THE CULTURAL HERITAGE SECTOR?; Creative Commons, February 23, 2023

Creative Commons; ARE THE CREATIVE COMMONS PUBLIC DOMAIN TOOLS FIT-FOR-PURPOSE IN THE CULTURAL HERITAGE SECTOR?

A Creative Commons Needs Assessment Report

"EXECUTIVE SUMMARY

To obtain a clearer picture of the use and understanding of Creative Commonsʼ (CC) public domain tools in the cultural heritage sector, in light of the diverse barriers1 facing cultural heritage institutions (CHIs) in opening up their collections, we performed a needs assessment with a view to developing a set of recommendations to ensure CCʼs tools continue to be relevant and meet the sectorʼs needs. From 1 January (Public Domain Day2) to 15 February 2022, we ran a multilingual online survey using Google Forms to share a 50-question questionnaire in English, French and Spanish.

With hundreds of responses to 50 questions, our survey provides us with ample information. While it is beyond the scope of this brief report to provide in-depth analysis of all the results, we highlight key findings that hold the potential to inform our community about the state of open culture and the role that CC public domain tools might play in supporting it. Hereʼs a brief summary of key findings:"

New open access resources from Library of Congress; Illinois State University News, March 2, 2023

Eric Willey, Illinois State University News; New open access resources from Library of Congress

"For those interested in Open Access materials, one of the places to watch is the Library of Congress (LoC). Often serving in the role of a de facto national library, the LoC contributes Open Access materials on a wide variety of topics to its digital collections and publicizes the efforts through a blog, The Signal.

The librarians at LoC have hit the ground running in 2023, having added historical recordings, books, and datasets to their online collections. These include 58 new recordings to the Archive of Recorded Poetry and Literature from the 1960s-1980s, and LandScan GIS datasets for Ukraine and Russia that include population density. The library also added over 100 Open Access ebooks and German language newspapers published in Washington, D.C.

Even when online materials are Open Access, they still require software to be viewed. In February, LoC announced the creation of an EPUB reader for its ebooks. This viewer allows readers to access over 6,000 OA ebooks on the website without downloading a PDF and provides an improved interface for readers.

LoC is also planning to actively add materials to its online collections in the future and has outlined a digitization strategy for 2023-2027. With over 9 million items already digitized, this program offers five guiding principles to “expand, optimize, and centralize its collections digitization program to significantly expand access to users across the country to rare, distinctive, and unique collection materials which can be made openly available online and use digitization as a core method for preservation reformatting of rights restricted collection materials.”"

When Songs Sound Similar, Courts Look for Musical DNA; The New York Times, March 1, 2023

 Ben Sisario, The New York Times; When Songs Sound Similar, Courts Look for Musical DNA

"But are they close enough that Sheeran should be liable for copyright infringement? Or is their overlap limited to fundamental musical building blocks that are part of the public domain?"...

“All of these cases are about the question of how similar is too similar,” said Joseph P. Fishman, a professor at Vanderbilt Law School in Nashville. “The Copyright Act that Congress passed says nothing whatsoever about that question. In the U.S. copyright system, the rules for how that question gets answered are entirely developed by federal judges.”"

Librarians Are Finding Thousands Of Books No Longer Protected By Copyright Law; Vice, February 9, 2023

Claire Woodcock, Vice; Librarians Are Finding Thousands Of Books No Longer Protected By Copyright Law

Up to 75 percent of books published before 1964 may now be in the public domain, according to researchers at the New York Public Library. 

"On January 1, 2023, a swath of books, films, and songs entered the public domain. The public domain is not a place—it refers to all the creative works not protected by an intellectual property law like copyright. 

Creative works may not have intellectual property protections for a number of reasons. In most cases, the rights have expired or have been forfeited. Basically, no one holds the exclusive rights to these works, meaning that living artists today can sample and build off those works legally without asking anyone’s permission to do so. 

The books in question were published between 1923 and 1964, before changes to U.S. copyright law removed the requirement for rights holders to renew their copyrights. According to Greg Cram, associate general counsel and director of information policy at NYPL, an initial overview of books published in that period shows that around 65 to 75 percent of rights holders opted not to renew their copyrights. 

“That’s sort of a staggering figure,” Cram told Motherboard. “That’s 25 to 35 percent of books that were renewed, while the rest were not. That’s interesting for me as we think about copyright policy going forward.”"

Winnie-the-Pooh: Blood and Honey Is Building to an Anti-Disney Horror Universe; CBR, February 9, 2023

ANDREAS NEUENKIRCHEN, CBR ; Winnie-the-Pooh: Blood and Honey Is Building to an Anti-Disney Horror Universe

Disney characters beware -- Winnie-the-Pooh: Blood and Honey intends to kick off a shared universe of public domain properties in a horror setting.

"Winnie-the-Pooh: Blood and Honey portrays the title character and his companion Piglet as bloodthirsty, feral slashers after having been abandoned by their friend Christopher Robin. This new interpretation became a possibility when the first Winnie-the-Pooh book by A. A. Milne went into the public domain in January 2022 (Disney still holds the rights to its specific depictions of the characters)."

Column: How Trump tried to trademark and profit off the phrase ‘Rigged Election!’; Los Angeles Times, February 2, 2023

NICHOLAS GOLDBERG, Los Angeles Times; Column: How Trump tried to trademark and profit off the phrase ‘Rigged Election!’

"Lehrer released records, played the Cambridge coffee shop scene and San Francisco nightclubs and became world famous before mostly disappearing from public view and going back to being a math teacher, much of the time at UC Santa Cruz. About songwriting, he told the Washington Post: “My head just isn’t there anymore.”

But his songs remained popular and he presumably continued to make money from them.

Then, late in life, he decided he was done profiting from his work. A couple of years ago he announced that he intended to put all his music into the public domain. In late November, he posted another note on his website saying that “all copyrights to lyrics or music written or composed by me have been permanently and irrevocably relinquished.” 

“In short,” he wrote, “I no longer retain any rights to any of my songs. So help yourselves and don’t send me any money.”

OK, I’ll admit I found this moving, an example of a well-known person putting the public good over the private good, at some financial cost to himself. It’s true that Lehrer is in his 90s and, as far as I can tell, has no children, although surely he’s got heirs of one sort or another. Admittedly, this is not as big a deal as if we heard that the songs of Bob Dylan or Paul McCartney were suddenly free for public use (which they aren’t). But Lehrer’s gesture is generous and selfless nevertheless, because the public domain is, in the end, the public domain. 

People who want to use or perform or record or rearrange or tinker with his songs may now do so “without payment or fear of legal action,” Lehrer wrote."

James Gunn Elaborates On What Might Happen When Superman Goes To Public Domain; ComicBook.com, January 31, 2023

KOFI OUTLAW, ComiCBOOK.com; James Gunn Elaborates On What Might Happen When Superman Goes To Public Domain

"For instance: Superman is set to enter the public domain in the 2030s, according to US law, which currently states that works introduced before 1978 enter the public domain 95 years after first publication. That timetable is one that will see Disney having to challenge Public domain rights to Mickey Mouse in coming years, while DC and Warner Bros. will see their core Trinity cross that barrier. Superman will be up in 2034; Batman in 2035, and Wonder Woman in 2037... 

QUESTION: "This is kind of a long-term question, but I mean, Superman is going to be entering the public domain in the decade from now. And you have a lot of classic characters that are going to be coming up with that issue. How is that ultimately impacting the way that you are defining who these characters are at this moment?"

JAMES GUNN: "Well, I mean, number one, it's a very complicated issue. It's not cut and dry. There's a lot of technical stuff around what pieces actually enter the public domain, which you may or may not know about. So there's that. But there's also that's one of the reasons why we have Superman and that's why we're bringing the Authority into mainstream. I mean, who would've thought 11 years ago the two most popular rides in the world are Guardians of the Galaxy ride. Two most popular rides in the world are based on a comic that f*cking 20,000 people knew. And so being able to try to create these other properties, use our diamonds, our Batman, Superman, Wonder Woman, to prop up our Booster Golds or Green Lanterns or Plastic Mans or whatever is important."

At this point, it's hard to say which way the wind will blow on this. It definitely seems like the next big battleground in creative entertainment – when we get there."

PUBLIC DOMAIN: A BELATED STEP FORWARD, TWO HUGE STEPS BACK; Walled Culture, January 16, 2023

GLYN MOODY, Walled Culture; Public domain: a belated step forward, two huge steps back

"Nor is Canada alone in its folly. Another post on this blog last year noted that New Zealand too has decided to extend its copyright term despite the moral and economic arguments against it. Once more, the reason was a trade deal – with the UK – one of whose requirements was this unnecessary strengthening of copyright. What this means in practice is that for the next 20 years, neither Canada nor New Zealand will see any published works enter the public domain on the first of January. This creates a massive historical void in those countries’ culture, for no good reason.

Although we can celebrate the wonderful works that have finally entered the public domain in places like America after being locked up behind copyright’s walls for so long, we should be outraged that two countries have just taken a massive step backwards in this respect.

Featured image created with Stable Diffusion."

US Copyright Term Extensions Have Stopped, But the Public Domain Still Faces Threats; Electronic Frontier Foundation (EFF), January 16, 2023

MITCH STOLTZ, Electronic Frontier Foundation (EFF) ; US Copyright Term Extensions Have Stopped, But the Public Domain Still Faces Threats

"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, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation...

Copyright terms remain far too long. It will be nearly two decades before a filmmaker making a documentary about the World War II era can use music recordings from the period without facing what the Recording Industry Association of America and other music industry groups have called a “staggeringly complex” licensing process—or else risking massive and unpredictable statutory damages in a copyright suit.

Rather than preserving culture, long and complicated copyright terms keep us from our history. And that cannot be what copyright was meant to do."

Mickey Mouse's Impending Copyright Expiration Explained; Screen Rant, January 8, 2023

CLOTILDE CHINNICI, Screen Rant; Mickey Mouse's Impending Copyright Expiration Explained

"It seems likely that Disney will maintain its copyright over Mickey Mouse for the foreseeable future. In particular, Mickey Mouse will remain under Disney's property because it is a registered trademark. In fact, this would let Disney keep ownership of Mickey Mouse as its trademark potentially forever, thus allowing Mickey Mouse to feature in future and upcoming Disney films. Unlike copyright, which expires after a certain amount of years, trademark protection can endure in perpetuity, as long as Disney can claim that the character of Mickey Mouse is associated with the Walt Disney company itself.

Ultimately, Mickey Mouse will still to be a legally protected Disney product. The strong association between Disney and Mickey Mouse, one that the company itself has invested in, represents a strong protection for Disney as the trademark will not expire any time soon, giving Disney control over Mickey Mouse. Despite the copyright law and Steamboat Willie's copyright expiration, Disney's approval is still required for others to use Mickey Mouse material, even the one that will eventually become public domain, in anything outside of fair use, thanks to the mouse's trademark protection."

Canada enters a public domain pause as copyright laws change to match other nations; CBC, January 7, 2023

Joseph Pugh , CBC; Canada enters a public domain pause as copyright laws change to match other nations

No additional content will be added to the public domain in Canada until 2043

"When the copyright on a work expires anyone is free to use it without needing to seek permission. This is known as public domain. In Canada, copyright laws meant that books, films, songs or other works entered public domain 50 years after the death of the creator.

But last week, the country updated those laws, tacking on an extra 20 years, so works don't enter the public domain until 70 years after the creator's death. This means additional content will not enter the public domain in Canada until at least 2043. So the copyright on the works of fantasy author J.R.R. Tolkien, who died in 1973, will now expire in 2043, meaning the Lord of the Rings trilogy and many of his other works will become public domain on Jan. 1, 2044. 

The change brings Canada in line with other jurisdictions that lengthened their copyright terms decades ago. Some artists and creative unions welcome the change, while others feel the duration hampers public access to artistic works."

The Copyright Death (and Rebirth) of Mickey Mouse; Puck, January 2, 2023

Eriq Gardner, Puck; The Copyright Death (and Rebirth) of Mickey Mouse

"Another wrinkle is that the passing of copyrights into the public domain doesn’t necessarily mean there are fewer copyrighted works. On the contrary, it usually leads to more copyrights for each new remake. Consider the Sherlock Holmes canon: Warner Bros. has copyrights to its Robert Downey Jr. movies; the BBC has copyrights for its Sherlock episodes; CBS has them for Elementary, and so on. Netflix created an entirely new Sherlock-adjacent character, and now enjoys copyrights for its Enola Holmes films. Of course, only those elements that are truly original are eligible for new protections, which is why the BBC considered suing CBS over its own contemporary spin on the detective series (before thinking better of it).

After all, Hollywood studios are sued all the time for allegedly ripping off others. Fortunately for these studios, copyright lawsuits almost always fail because the law only protects original expression, not generic, time-worn genre tropes. Studios tend to be well represented and are usually adept at giving judges sound arguments for why their works don’t infringe. Nevertheless, with more people playing in the same sandboxes comes the increasing prospect of studios being sued for using famous characters in a particular way. So I’ll end with a prediction: There will come a time when Disney gets sued for infringing some new version of Mickey Mouse—and the studio defends itself by pointing to what’s in the public domain."

Something is afoot with copyright this Public Domain Day; The Guardian, January 1, 2023

John Naughton, The Guardian; Something is afoot with copyright this Public Domain Day

"The issue highlighted by Public Domain Day is not that intellectual property is evil but that aspects of it – especially copyright – have been monopolised and weaponised by corporate interests and that legislators have been supine in the face of their lobbying. Authors and inventors need protection against being ripped off. It’s obviously important that clever people are rewarded for their creativity and the patent system does that quite well. But if a patent only lasts for 20 years, why on earth should copyright last for life plus 70 years for a novel? You only have to ask the question to realise that the founders of the American republic at least got that one right. Happy new year."

Sherlock Holmes will finally escape copyright this weekend; The Verge, December 28, 2022

 ADI ROBERTSON, The Verge ; Sherlock Holmes will finally escape copyright this weekend

"Watching the copyrights on art expire still feels like a novelty. After all, the US public domain was frozen in time for 20 years, thawing only in 2019. But this weekend’s Public Domain Day will give our cultural commons a few particularly notable new works. As outlined by Duke Law School’s Center for the Study of the Public Domain, the start of 2023 will mark the end of US copyrights on Sir Arthur Conan Doyle’s final Sherlock Holmes stories — along with the seminal science fiction movie Metropolis, Virginia Woolf’s To the Lighthouse, and the first full-length “talkie” film The Jazz Singer."

Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property; The New York Times, December 27, 2022

 Brooks Barnes, The New York Times ; Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property

"Ms. Ginsburg said she was watching closely to see if Disney and other entertainment companies tried to apply trademark law as a substitute for or extension of copyright — as she put it, “apply a separate protection to get to the same place.” In a Supreme Court intellectual property case from 2003 involving 20th Century Fox, Justice Antonin Scalia, writing for the court, warned of using trademarks to generate “a species of mutant copyright law.”"

Canada Steals Cultural Works From The Public By Extending Copyright Terms; TechDirt, November 29, 2022

Mike Masnick, TechDirt ; Canada Steals Cultural Works From The Public By Extending Copyright Terms

"Canada has quietly done it: extending copyrights on literary, dramatic or musical works and engravings from life of the author plus 50 years year to life of the author plus 70 years.

Quietly on November 17, 2022, and appearing online this morning, an Order in Council was issued on behalf of Her Excellency the Governor General, on the recommendation of the Minister of Industry and the Minister of Canadian Heritage to fix December 30, 2022 as the day Bill C-19, Division 16 of Part 5 comes into force. What does this all mean? With the passing of Bill C-19 this past June, the Copyright Act was amended to extend the term of copyright for literary, dramatic or musical works and engravings to life of the author plus a period of 70 years following the end of the calendar year in which that author dies. What was unclear at the time of royal assent was WHEN exactly this would come into force — if on or after January 1, 2023, one more year of works would enter the public domain. Unfortunately, we now know that this date has been fixed as December 30, 2022, meaning that no new works will enter the Canadian public domain for the next 20 years.

This should be a huge scandal. The public has been stripped of its rights to share information for twenty years. Based on what? Literally nothing, but demands from heirs of deceased authors to continue to receive subsidies from the very public they just stripped the rights from.

It is beyond ridiculous that any country in the world is extending copyright in this day and age, rather than decreasing it."

Ryan Reynolds taunts Disney with ‘Winnie-the-Screwed’ ad as copyright battles heat up; Fast Company, January 3, 2022

JEFF BEER, Fast Company; Ryan Reynolds taunts Disney with ‘Winnie-the-Screwed’ ad as copyright battles heat up

Mint Mobile finds a way to make the copyrights of a 1926 classic children’s tale about your cellular bill.

"The new Mint Mobile ad is typical Reynolds ad fare, quickly and creatively tapping into a broader cultural conversation for one of his brands. That cultural conversation, however, is only going to get louder, especially for Disney. While it is symbolic that the original Mickey Mouse cartoon, Steamboat Willie, is up for public domain two years from now, more pressing are the copyright issues facing key Marvel characters this year.

As reported last fall, multiple former Marvel creators and their estates are challenging Disney with ongoing copyright termination cases around characters like Thor, Spider-Man, Iron Man, and Dr. Strange. These cases, which could go as high as the Supreme Court (as it almost did back in 2014, when the company reached a settlement with the estate of Jack Kirby), stem from the Copyright Revision Act of 1976, which provided an opportunity for authors or their heirs to regain ownership of a product after a given number of years."