The flip side of copyright is the public domain, of course. It's by far the larger field, though you wouldn't know it from the attention we lawyers pay to the rights side of the coin. But because copyright is time-limited, that smaller field of rights is the one that trails most closely behind us, is nearest to us; and so the works under copyright are those we are more aware of and those more closely pertaining to the issues of the day: if copyright originated on our yesterday, the public domain is what we find when we look back to the day before yesterday. But the fact remains that all those days before "yesterday" yield a vast body of works of the human imagination.

Figuring out what's in the public domain can be a challenge, however. This is particularly true in the United States, where, to quote Kenneth Crews, who is the Director of Columbia University's Copyright Advisory Office, "The law of copyright duration is a mess." This has spurred him to publish a paper, ""Researching the Copyright Status of a Book"" [PDF] that takes you through the process of figuring out the duration of copyright on a particular book. Crews points out that this quest has been made a good deal easier because of the Google Books project, which has scanned a number of volumes of the U.S. Copyright Office's Catalog of Copyright Entries (otherwise available only in paper at some libraries), which tell you whether the original copyright has been renewed. (See Searching Google's Scans of the Catalog of Copyright Entries.)

The process of determining whether a work is in the public domain in the U.S. is also available in chart form on the Cornell University website in PDF.

The situation in Canada is somewhat easier. Creative Commons Canada devised a flowchart [PDF] to help you determine whether any work is in the public domain. And there were plans, announced in 2006, for the creation of a registry of works in the public domain through a joint effort between Creative Commons Canada and Access Copyright. However, the project has since been abandoned, alas.

Simon Fodden is the founder of Slaw. He taught law at Osgoode Hall Law School for more than 30 years before he retired to focus on writing, publishing, and IT and law.
[click on the author's name for more information]

up

One Comment on “What's in the Public Domain”

  1. James Wagner says:

    Interesting post and thank you for the links. A further complication arises when trying to determine who owns a work once you find it is under copyright protection. (Particularly difficult for works such as old movies, where the soundtrack and the cinematography may have different owners).

    I'm not sure about the public domain being larger than that protected by copyright though. While there are thousands of years of history which are now in the public domain few examples of these works have been preserved, and the human population and literacy rates were significantly lower.

    There are probably more 'works' created each year now (hundreds of thousands of books and millions of emails, computer programs etc.) than we have remaining from previous centuries.

SlawTips      

SlawTips Top 10 Financial Errors: #9 Avoid Having a Written Office-Sharing or Partnership Agreement
Thursday, February 9

Max Amsterdam once said: “Business is the art of extracting money from another man’s pocket without resorting to violence.” The purpose of having a written agreement between all … »»

Practice

SlawTips Open Access Journals
Wednesday, February 8

There is good leagal content that doesn’t necessarily come in the neat packages that we usually look in.  Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »»

Research

SlawTips Use join.me to Get on the Same Page Across the Web
Wednesday, February 8

When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»

Technology

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Banks and Banking - Liability of banks to third parties - Negligence - General

    The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...

  • Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates

    The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...

  • Aliens - Definitions and general principles - Immigration consultants

    The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...

  • Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography

    The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices

    Rowe was convicted by a jury of five offences. He appealed.

    The Ontario Court of Appeal allowed ...

  • Narcotic Control - Offences - Possession - General

    The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...

  • Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana

    McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...

  • Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)

    The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...

  • Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees 

    Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...


law foundation icon

The re-development
of Slaw is assisted by
a grant from the
Law Foundation of Ontario

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site