January 1, 2019 is (finally) Public Domain Day: Works from 1923 are open to all!; Center for the Study of the Public Domain, January 2019

Center for the Study of the Public Domain;

January 1, 2019 is (finally) Public Domain Day: Works from 1923 are open to all!

"For the first time in over 20 years, on January 1, 2019, published works will enter the US public domain.1 Works from 1923 will be free for all to use and build upon, without permission or fee. They include dramatic films such as The Ten Commandments, and comedies featuring Charlie Chaplin, Buster Keaton, and Harold Lloyd. There are literary works by Robert Frost, Aldous Huxley, and Edith Wharton, the “Charleston” song, and more. And remember, this has not happened for over 20 years. Why? Works from 1923 were set to go into the public domain in 1999, after a 75-year copyright term. But in 1998 Congress hit a two-decade pause button and extended their copyright term for 20 years, giving works published between 1923 and 1977 an expanded term of 95 years.2
But now the drought is over. How will people celebrate this trove of cultural material? Google Books will offer the full text of books from that year, instead of showing only snippet views or authorized previews. The Internet Archive will add books, movies, music, and more to its online library.

HathiTrust has made over 50,000 titles from 1923 available in its digital library. Community theaters are planning screenings of the films. Students will be free to adapt and publicly perform the music. Because these works are in the public domain, anyone can make them available, where you can rediscover and enjoy them. (Empirical studies have shown that public domain books are less expensive, available in more editions and formats, and more likely to be in print—see here, here, and here.) In addition, the expiration of copyright means that you’re free to use these materials, for education, for research, or for creative endeavors—whether it’s translating the books, making your own versions of the films, or building new music based on old classics.

Here are some of the works that will be entering the public domain in 2019. A fuller (but still partial) listing of over a thousand works that we have researched can be found here. (You can click on some of the titles below to get the newly public domain works.)"

Supreme Court to decide if trademark protection can be denied to ‘scandalous’ brands; The Washington Post, January 4, 2019

Robert Barnes, The Washington Post; Supreme Court to decide if trademark protection can be denied to ‘scandalous’ brands

"The Supreme Court agreed Friday to review a new front in the battle over free speech and will decide whether trademark protection can be refused to brands the federal government finds vulgar or lewd.

The case involves a decision of the U.S. Patent and Trademark Office to deny trademark registration to a clothing line called FUCT.

The U.S. Court of Appeals for the Federal Circuit struck down the century-old ban on protecting “scandalous” and “immoral” trademarks as a First Amendment violation, and the Department of Justice wants the Supreme Court to reverse the decision...

The case,Iancu v. Brunetti , will probably be heard at the Supreme Court in April."

Freed From Copyright, These Classic Works Are Yours To Adapt; NPR, January 5, 2019

Milton Guevara, NPR; Freed From Copyright, These Classic Works Are Yours To Adapt

""Copyright has been overextended so many times, largely at the behest of major copyright holders," says author Naomi Novik. "Even though what that actually does is inhibit people from creating new works and sharing these older works." Novik is a founding member of the Organization for Transformative Works, a nonprofit that focuses on preserving fan fiction and art — that is, work created by fans, based on characters and worlds from their favorite written works, film, and TV, which can occasionally come into conflict with copyright law.

"For a character to live, that character has to belong to the audience," says Novik. "Works of art are meant to nourish our collective understanding; they're meant to nourish our conversation." 

Duke Law's entire list of works that entered the public domain this year can be found here."

'The drought is over': mass US copyright expiry brings flood of works into public domain; The Guardian, January 2, 2019

Alison Flood, The Guardian;

'The drought is over': mass US copyright expiry brings flood of works into public domain

 

"“The drought is over,” proclaims Duke Law School’s Center for the Public Domain, highlighting some of the works which are now available royalty-free, by authors from Edgar Rice Burroughs to Kahlil Gibran, PG Wodehouse to DH Lawrence, Edith Wharton to EE Cummings. It’s not only books: copyright in the US is also expiring on a host of films, paintings and music.

 

“The public domain has been frozen in time for 20 years, and we’re reaching the 20-year thaw,” the center’s director Jennifer Jenkins told the Smithsonian. The magazine predicted that the release’s impact on culture and creativity could be huge, because “we have never seen such a mass entry into the public domain in the digital age”. Brewster Kahle, founder of the Internet Archive, told the Smithsonian: “We have shortchanged a generation. The 20th century is largely missing from the internet.”"

We Are! ... Happy Valley? Penn State applies for trademark on moniker; The Pittsburgh Post-Gazette, January 2, 2019

Bill Schackner, The Pittsburgh Post-Gazette; We Are! ... Happy Valley? Penn State applies for trademark on moniker

"Josh Gerben, a trademark attorney in Washington, D.C., tweeted about the Penn State application Dec. 28, calling it a “trademark ‘land grab.’”

He said Happy Valley should remain in the public domain, since the university did not create the expression and the words are used broadly in Pennsylvania and elsewhere. He said others should be able to profit from it.

“It’s a generally accepted term for a geographic area in which the university happens to reside,” he said. “It seems out of place for the university to come in and say they should be the exclusive provider of Happy Valley clothing throughout the country. That’s exactly what they are asking to do.”"

Mickey Mouse and Batman will soon be public domain—here’s what that means; Ars Technica, January 1, 2019

Timothy B. Lee, Ars Technica; Mickey Mouse and Batman will soon be public domain—here’s what that means

"Until recently, I assumed that the same interest groups would try to extend copyright terms again in 2018. But the political climate for copyright legislation has changed radically over the last 20 years.

A year ago, Ars Technica broke the news that three of the nation's most powerful rights holder groups in the country, the Motion Picture Association of America, the Recording Industry Association of America, and the Authors Guild, were not even going to try to pass legislation extending copyrights.

"It's not something we are pursuing," an RIAA spokesman told me.

The reason was simple, Grimmelmann argues: they knew they weren't going to win."

Why Mickey Mouse’s 1998 copyright extension probably won’t happen again; Ars Technica, January 8, 2018

Timothy B. Lee, Ars Technica; Why Mickey Mouse’s 1998 copyright extension probably won’t happen again

"Most of the public considered copyright to be a boring subject with little relevance to their daily lives, so there was little grassroots interest in the issue. Karjala hoped that professional associations of librarians and historians—which had traditionally been important advocates for the public interest on copyright issues—would help stop the bill. But the legislation had so much momentum that these groups decided to settle for minor changes to the legislation. So the bill wound up passing without a significant fight.

The rise of the Internet has totally changed the political landscape on copyright issues. The Electronic Frontier Foundation is much larger than it was in 1998. Other groups, including Public Knowledge, didn't even exist 20 years ago. Internet companies—especially Google—have become powerful opponents of expanding copyright protections."