Artigenda
Public Domain Day
When: Annually, 1 January.
Public Domain Day is an annual day focusing on the Public Domain and the works belonging to it. All new works that are added are also the focus of this day. Since this is always on the same day, 1 January, Public Domain Day is therefore also on this day.
What is the Public Domain?
The Public Domain (you may also state/write this without capital letters) includes all creative expressions whose intellectual rights have expired, have been forfeited, whose creator has waived express rights or whose creator cannot be tracked. Because the rights cannot or can no longer be exercised, these works may be used in any way, without restrictions.
What belongs to the Public Domain?
It is very tempting to immediately think of graphics and photos. It certainly doesn’t stop there. Think about texts too. For example, poems or books.
Music can also fall under the Public Domain, provided it is the original lyrics of that music. If there is a performance of the music through a so-called interpretation, then copyright may be involved. However, this copyright may have expired if the recording is of a certain date, for example, or if the creator has not attached any restrictions to it. The latter sometimes makes things tricky and even confusing.
To what extent is a photograph of a painting part of the Public Domain? The painting itself may be part of that domain, but the person who took the picture may still be alive and have taken the picture without waiving any rights. So you will always have to find out beforehand.
Not automatically
The fact that a particular work or document is of a particular date does not automatically imply that it is always added to the Public Domain. For example, Isaac Newton’s formulas are excluded. These are excluded in the United States. This immediately shows that the Public Domain can therefore be geographically determined. An exemption can be applied for per area or country.
As is the case in museums, works can be added under restrictions. Think of pieces on loan to museums. The museums are allowed to show the pieces. At a time when the person or institution thinks it is enough, a decision can be made to withdraw the pieces. In the case of an addition to the Public Domain, these are the restrictions. For example, you may show the work but not modify it. Also, you may not be allowed to modify the original work.
The annoying thing is that some works are excluded in one country and not in another. The name ‘domain’ suggests that it should belong to ‘everyone’, which means it is not quite so.
Eternal copyright
In this case, it is worth noting that certain works are never going to be added to the Public Domain. These are the works covered by what we know as Perpetual copyright, Eternal Copyright. Think of this as unlimited copyright. As long as the earth will turn, humanity will exist, this copyright is there. Unless perhaps a war will be fought over this Eternal copyright. That chance does not seem particularly high.
There has been much criticism of this Eternal Copyright. Why should it exist, when the rights holders are long gone? Yet this copyright still exists. A well-known example is the King James Version of the 1611 translation of the Bible, published by King James VI / I (James Charles / James I of England, June 19, 1566 – March 5, 1625).
It is a different story when it comes to royalties for Peter Pan or rather the version Peter; or the Boy Who Wouldn’t Grow Up by Sir J.M. Barrie (in full Sir James Matthew Barrie, 1st Baronet, May 9, 1860 – June 19, 1937). This is a very special story. For as long as the Great Ormond Street Hospital (formerly known as Hospital for Sick Children) in London has existed, royalties for all commercial performances, publications and broadcasts of this story have been paid to this hospital. Barrie granted this hospital the copyright. Incidentally, this applies within the UK.
Why Public Domain Day?
The day is there primarily as a kind of friendly reminder. Just so you know take a look at the website where you can see which year is up. A warning is in order, the website is somewhat chaotic. The website is part of the Duke University School of Law. This is a faculty that is part of Duke University in North Carolina (USA). The website can be found here.
