1 00:00:00,126 --> 00:00:01,116 Hello, friends. 2 00:00:01,196 --> 00:00:03,366 Welcome to this week's edition 3 00:00:03,436 --> 00:00:05,396 of the hourly to exit podcast. 4 00:00:05,781 --> 00:00:07,212 Also happy holidays, 5 00:00:07,480 --> 00:00:08,775 as this is my last 6 00:00:09,115 --> 00:00:11,795 solo episode of 2023. 7 00:00:12,101 --> 00:00:13,818 And I am excited to close 8 00:00:13,888 --> 00:00:15,747 out the year with the third 9 00:00:15,747 --> 00:00:17,857 part of my three part series 10 00:00:17,917 --> 00:00:20,077 about copyright ability. 11 00:00:20,452 --> 00:00:22,582 So copyright ability simply 12 00:00:22,582 --> 00:00:25,392 means that an asset is. 13 00:00:25,655 --> 00:00:27,165 Capable of protection 14 00:00:27,225 --> 00:00:28,635 qualifies for 15 00:00:28,635 --> 00:00:30,075 protection under the U. 16 00:00:30,075 --> 00:00:30,235 S. 17 00:00:30,295 --> 00:00:31,035 Copyright laws. 18 00:00:31,685 --> 00:00:33,435 Part one of this series 19 00:00:33,735 --> 00:00:35,205 provided an overview 20 00:00:35,245 --> 00:00:37,075 of the main requirement 21 00:00:37,085 --> 00:00:38,325 for copyrightability, 22 00:00:38,698 --> 00:00:39,917 and that is that the 23 00:00:39,967 --> 00:00:42,503 asset must be original. 24 00:00:42,786 --> 00:00:45,302 Original simply means not 25 00:00:45,302 --> 00:00:46,842 copied from another source. 26 00:00:47,315 --> 00:00:49,485 That it was Independently 27 00:00:49,535 --> 00:00:51,038 created note that 28 00:00:51,038 --> 00:00:52,718 original does not mean 29 00:00:52,788 --> 00:00:54,958 innovative or novel. 30 00:00:55,018 --> 00:00:56,228 It doesn't have to be the 31 00:00:56,228 --> 00:00:59,837 most mind blowingly new idea. 32 00:01:00,163 --> 00:01:01,887 The asset can be about 33 00:01:01,917 --> 00:01:03,167 something that's a kind of 34 00:01:03,307 --> 00:01:06,002 tried and true idea, but the 35 00:01:06,042 --> 00:01:08,312 expression, the words that you 36 00:01:08,312 --> 00:01:11,482 use to describe your take on 37 00:01:11,482 --> 00:01:14,422 that idea must be original. 38 00:01:14,792 --> 00:01:16,673 In part two, I dove a bit. 39 00:01:16,936 --> 00:01:19,102 deeper into the originality 40 00:01:19,102 --> 00:01:20,732 requirement by talking 41 00:01:20,732 --> 00:01:22,202 about derivative works. 42 00:01:22,819 --> 00:01:24,408 And it also included a brief 43 00:01:24,408 --> 00:01:26,518 detour into fair use because 44 00:01:26,518 --> 00:01:27,808 it's almost impossible to talk 45 00:01:27,818 --> 00:01:29,318 about derivative works without 46 00:01:29,318 --> 00:01:30,368 talking about fair use. 47 00:01:30,876 --> 00:01:32,264 In part two, I answered 48 00:01:32,264 --> 00:01:33,854 the question, what makes 49 00:01:33,854 --> 00:01:35,594 something truly original 50 00:01:35,674 --> 00:01:36,608 versus derivative? 51 00:01:36,608 --> 00:01:38,266 So can find part 52 00:01:38,266 --> 00:01:39,884 one in episode 71. 53 00:01:40,434 --> 00:01:43,224 And part two in episode 72 54 00:01:43,949 --> 00:01:45,649 this week, I answer this 55 00:01:45,649 --> 00:01:47,189 question that I received 56 00:01:47,249 --> 00:01:48,479 at a recent workshop. 57 00:01:48,820 --> 00:01:50,090 How do we define the 58 00:01:50,090 --> 00:01:52,296 public domain is posting 59 00:01:52,296 --> 00:01:53,366 it to social media. 60 00:01:53,376 --> 00:01:54,706 Consider the public domain. 61 00:01:55,124 --> 00:01:56,713 The answer to this belongs 62 00:01:56,763 --> 00:01:57,913 in the copyright ability 63 00:01:58,043 --> 00:02:00,341 series, because an asset 64 00:02:00,341 --> 00:02:01,341 that is in the public 65 00:02:01,371 --> 00:02:04,141 domain is not protected by 66 00:02:04,141 --> 00:02:05,431 intellectual property laws. 67 00:02:05,871 --> 00:02:06,661 Therefore it's 68 00:02:06,671 --> 00:02:08,231 not copyrightable. 69 00:02:08,607 --> 00:02:09,997 And so public domain. 70 00:02:09,997 --> 00:02:12,267 Concept does apply to not 71 00:02:12,267 --> 00:02:13,967 just copyrights, but also to 72 00:02:13,967 --> 00:02:15,507 trademarks and the patents. 73 00:02:15,977 --> 00:02:16,977 But, of course, we're talking 74 00:02:16,977 --> 00:02:18,227 about trademarks here, but 75 00:02:18,227 --> 00:02:19,777 I just wanted to make the 76 00:02:19,968 --> 00:02:21,628 comment that public domain 77 00:02:21,628 --> 00:02:23,258 does apply to other areas 78 00:02:23,579 --> 00:02:24,528 of intellectual property 79 00:02:24,528 --> 00:02:26,214 laws on the patent side. 80 00:02:26,214 --> 00:02:27,414 I'm sure you're familiar with 81 00:02:27,652 --> 00:02:29,481 drugs that become generic and 82 00:02:29,481 --> 00:02:30,871 that means they passed into 83 00:02:30,871 --> 00:02:33,084 public domain and the patent 84 00:02:33,134 --> 00:02:34,810 no longer applies to it. 85 00:02:35,253 --> 00:02:36,163 When a work is in the 86 00:02:36,163 --> 00:02:38,253 public domain, it is freely 87 00:02:38,283 --> 00:02:39,673 available for anyone to 88 00:02:39,683 --> 00:02:42,213 use, modify, and distribute 89 00:02:42,500 --> 00:02:43,753 without needing permission 90 00:02:43,843 --> 00:02:45,703 from the original creator, 91 00:02:45,975 --> 00:02:47,685 or paying royalties for it. 92 00:02:48,184 --> 00:02:51,016 So recall that the exclusive 93 00:02:51,016 --> 00:02:53,286 rights held by a copyright 94 00:02:53,286 --> 00:02:55,701 owner Are the rights to 95 00:02:55,721 --> 00:02:57,721 use it, reproduce it, 96 00:02:57,741 --> 00:02:59,511 distribute it, modify it, 97 00:02:59,891 --> 00:03:01,411 perform it, display it. 98 00:03:01,634 --> 00:03:03,374 And when it's in the public 99 00:03:03,374 --> 00:03:05,934 domain, now those rights that 100 00:03:05,934 --> 00:03:07,404 are usually exclusively held 101 00:03:07,424 --> 00:03:09,064 by the copyright owner can 102 00:03:09,064 --> 00:03:11,474 be exercised by the public. 103 00:03:11,926 --> 00:03:13,506 How does a work enter 104 00:03:13,536 --> 00:03:14,506 the public domain? 105 00:03:14,756 --> 00:03:15,616 Well, there are a number 106 00:03:15,616 --> 00:03:16,726 of ways it can happen. 107 00:03:17,086 --> 00:03:18,726 1st, it may be just 108 00:03:18,826 --> 00:03:20,496 the expiration of the 109 00:03:20,496 --> 00:03:22,786 protection period in the U. 110 00:03:22,786 --> 00:03:23,006 S. 111 00:03:23,246 --> 00:03:25,096 copyright protection expires 112 00:03:25,116 --> 00:03:26,616 after a certain period. 113 00:03:26,901 --> 00:03:28,250 And that period depends 114 00:03:28,250 --> 00:03:29,360 upon who created it. 115 00:03:29,380 --> 00:03:30,360 I'll talk a little bit 116 00:03:30,360 --> 00:03:31,500 about it, but not all 117 00:03:31,500 --> 00:03:32,520 the intricacies of it. 118 00:03:32,956 --> 00:03:34,416 So, once the copyright. 119 00:03:34,736 --> 00:03:37,186 Expires the work enters 120 00:03:37,186 --> 00:03:38,046 the public domain. 121 00:03:38,436 --> 00:03:39,716 So here in the U. 122 00:03:39,716 --> 00:03:40,026 S. 123 00:03:40,237 --> 00:03:42,322 January 1st of every year 124 00:03:42,352 --> 00:03:43,812 is public domain day. 125 00:03:44,172 --> 00:03:45,709 And on the January 126 00:03:45,719 --> 00:03:48,558 1st, a new crop works 127 00:03:48,558 --> 00:03:49,808 will enter the public 128 00:03:49,808 --> 00:03:52,384 domain January 1 of 2023 129 00:03:52,617 --> 00:03:55,876 copyrighted works from 1997. 130 00:03:56,283 --> 00:03:57,883 entered the public domain. 131 00:03:57,893 --> 00:04:00,482 January 1, 2024, copyrighted 132 00:04:00,482 --> 00:04:03,233 works from 19, 29 will enter 133 00:04:03,233 --> 00:04:04,969 the public domain and so on. 134 00:04:05,029 --> 00:04:05,829 Of course, the ones that 135 00:04:05,829 --> 00:04:06,949 were already in the public 136 00:04:06,949 --> 00:04:08,609 domain remain in the public 137 00:04:08,609 --> 00:04:11,349 domain, but a new class of 138 00:04:11,594 --> 00:04:13,179 works enter the public domain 139 00:04:13,209 --> 00:04:14,974 every year as the passage 140 00:04:14,974 --> 00:04:17,034 of time occurs and the 141 00:04:17,034 --> 00:04:18,724 protection period expires. 142 00:04:19,223 --> 00:04:21,103 So, for instance, among the 143 00:04:21,103 --> 00:04:22,303 works that enter the public 144 00:04:22,303 --> 00:04:25,073 domain in 2023 are works by 145 00:04:25,163 --> 00:04:26,653 Ernest Hemingway, Virginia 146 00:04:26,653 --> 00:04:28,313 Wolf, and Agatha Christie, 147 00:04:28,596 --> 00:04:29,963 which is pretty interesting. 148 00:04:29,963 --> 00:04:31,385 I think if you're interested, 149 00:04:31,415 --> 00:04:32,435 you can Google that and 150 00:04:32,515 --> 00:04:33,741 see the number, what 151 00:04:33,741 --> 00:04:34,731 works are coming into the 152 00:04:34,731 --> 00:04:36,631 public domain every year. 153 00:04:36,987 --> 00:04:38,217 So that means that, you 154 00:04:38,217 --> 00:04:39,349 know, you can write a. 155 00:04:39,399 --> 00:04:41,099 sequel to 1 of those works, 156 00:04:41,099 --> 00:04:42,649 you can use the characters and 157 00:04:42,838 --> 00:04:44,351 put them in new circumstances. 158 00:04:44,861 --> 00:04:47,461 you can create a play or a 159 00:04:47,461 --> 00:04:48,931 movie based on those works 160 00:04:49,235 --> 00:04:50,761 without requiring permission 161 00:04:51,011 --> 00:04:52,472 from the, originator. 162 00:04:52,762 --> 00:04:55,514 there are a number of nuances 163 00:04:55,604 --> 00:04:57,104 to works published before 164 00:04:57,816 --> 00:04:59,650 1978, because things have 165 00:04:59,650 --> 00:05:01,880 changed a lot in the last 100 166 00:05:01,890 --> 00:05:04,006 years about the protection 167 00:05:04,006 --> 00:05:05,136 period and how that is 168 00:05:05,136 --> 00:05:06,556 calculated and what causes it 169 00:05:06,556 --> 00:05:07,626 to go in the public domain. 170 00:05:07,959 --> 00:05:10,000 But for works published 171 00:05:10,196 --> 00:05:11,116 or registered. 172 00:05:11,233 --> 00:05:14,465 from 1978 onwards, the 173 00:05:14,465 --> 00:05:16,135 copyright term is the 174 00:05:16,135 --> 00:05:17,935 life of the author plus 175 00:05:18,135 --> 00:05:20,413 70 years, which is pretty 176 00:05:20,413 --> 00:05:22,230 long and for works with 177 00:05:22,430 --> 00:05:24,115 corporate for, like, 178 00:05:24,185 --> 00:05:25,725 something like a software 179 00:05:25,725 --> 00:05:27,095 company, create software. 180 00:05:27,429 --> 00:05:29,029 It's not based on the human 181 00:05:29,029 --> 00:05:29,959 who created it, but based 182 00:05:29,959 --> 00:05:32,279 on the corporation that owns 183 00:05:32,279 --> 00:05:35,715 it, the term is either 95 184 00:05:35,725 --> 00:05:37,798 years from publication or 185 00:05:37,798 --> 00:05:40,038 120 years from creation, 186 00:05:40,337 --> 00:05:42,070 whichever is shorter for 187 00:05:42,090 --> 00:05:44,400 anonymous pseudonymous or 188 00:05:44,420 --> 00:05:46,180 works for higher the term 189 00:05:46,210 --> 00:05:48,400 is 95 years from the 1st 190 00:05:48,400 --> 00:05:50,590 publication or 120 years from 191 00:05:50,590 --> 00:05:51,660 the year of creation as well. 192 00:05:52,123 --> 00:05:54,463 All right, so the other way, 193 00:05:54,853 --> 00:05:56,813 some works are simply not 194 00:05:56,883 --> 00:05:58,603 eligible for cover protection. 195 00:05:58,969 --> 00:06:01,619 As I have addressed in my 196 00:06:01,897 --> 00:06:03,177 other places in the copyright 197 00:06:03,177 --> 00:06:05,249 ability, series works that 198 00:06:05,289 --> 00:06:06,559 are never eligible for 199 00:06:06,559 --> 00:06:08,396 copyright protection, such as 200 00:06:08,396 --> 00:06:10,956 facts, ideas and systems are 201 00:06:11,026 --> 00:06:13,249 always in the public domain. 202 00:06:13,635 --> 00:06:15,875 Works that consist entirely of 203 00:06:15,875 --> 00:06:17,852 commonly known information or 204 00:06:17,902 --> 00:06:19,672 self evident facts containing 205 00:06:19,682 --> 00:06:21,512 no original authorship, such 206 00:06:21,512 --> 00:06:23,455 as standard calendars or 207 00:06:23,475 --> 00:06:25,841 directory of members, while 208 00:06:25,841 --> 00:06:29,015 the facts and names might be 209 00:06:29,015 --> 00:06:30,325 copyrightable under certain 210 00:06:30,325 --> 00:06:32,498 circumstances, typically. 211 00:06:32,636 --> 00:06:34,646 They are not copyrightable, 212 00:06:34,686 --> 00:06:35,746 and therefore in the public 213 00:06:35,746 --> 00:06:37,458 domain, only the unique 214 00:06:37,458 --> 00:06:39,388 expression or presentation 215 00:06:39,508 --> 00:06:40,928 of that information 216 00:06:40,968 --> 00:06:42,538 would be copyrightable. 217 00:06:42,578 --> 00:06:44,661 For instance, the raw data 218 00:06:44,731 --> 00:06:46,231 or facts in a research 219 00:06:46,251 --> 00:06:48,208 paper can't be copyrighted, 220 00:06:48,611 --> 00:06:49,778 but the way they are 221 00:06:49,788 --> 00:06:51,458 presented, analyzed 222 00:06:51,518 --> 00:06:53,148 or articulated can be. 223 00:06:53,623 --> 00:06:55,090 Another group of, public 224 00:06:55,090 --> 00:06:56,783 domain works government 225 00:06:56,783 --> 00:06:59,166 works any work created by an 226 00:06:59,226 --> 00:07:01,596 officer or employee of the U. 227 00:07:01,656 --> 00:07:01,926 S. 228 00:07:01,966 --> 00:07:03,326 government as part of 229 00:07:03,326 --> 00:07:04,866 their official duties 230 00:07:05,246 --> 00:07:06,796 is automatically in 231 00:07:06,806 --> 00:07:07,946 the public domain. 232 00:07:08,392 --> 00:07:08,922 Now that this. 233 00:07:09,189 --> 00:07:11,459 Exception does not apply 234 00:07:11,499 --> 00:07:12,669 to work created by state 235 00:07:12,669 --> 00:07:13,619 government employees. 236 00:07:13,909 --> 00:07:15,659 So don't assume something that 237 00:07:15,659 --> 00:07:17,319 is created by state government 238 00:07:17,537 --> 00:07:18,535 is in the public domain. 239 00:07:18,535 --> 00:07:20,627 But if it is created by the U. 240 00:07:20,627 --> 00:07:20,767 S. 241 00:07:20,817 --> 00:07:22,720 government, or its employees, 242 00:07:22,730 --> 00:07:23,913 of course, that would be 243 00:07:23,933 --> 00:07:25,754 public domain works failure 244 00:07:25,754 --> 00:07:28,424 to meet copyright formalities. 245 00:07:29,064 --> 00:07:29,624 Now, this was 246 00:07:29,634 --> 00:07:30,804 more of an issue. 247 00:07:31,058 --> 00:07:34,188 prior to 1989, the copyright 248 00:07:34,188 --> 00:07:36,346 notice with C with the date 249 00:07:36,376 --> 00:07:38,040 on it, a date was required 250 00:07:38,040 --> 00:07:40,520 for all works published 251 00:07:40,797 --> 00:07:43,116 in order for the copyright 252 00:07:43,116 --> 00:07:44,526 protection to apply. 253 00:07:44,556 --> 00:07:45,856 People ask about that 254 00:07:46,021 --> 00:07:47,386 requirement to put the 255 00:07:47,621 --> 00:07:48,936 copyright notice on there. 256 00:07:49,251 --> 00:07:51,121 That isn't since 1989. 257 00:07:51,121 --> 00:07:52,331 It's no longer required, 258 00:07:52,577 --> 00:07:54,321 but prior to 1989, 259 00:07:54,511 --> 00:07:55,551 It was required. 260 00:07:55,571 --> 00:07:57,001 And so if the notice was 261 00:07:57,001 --> 00:07:58,731 admitted, or somehow there was 262 00:07:58,731 --> 00:08:00,371 a mistake made with respect 263 00:08:00,371 --> 00:08:01,731 to that copyright notice, 264 00:08:02,066 --> 00:08:03,396 generally, there are some 265 00:08:03,396 --> 00:08:05,106 exceptions, but generally, 266 00:08:05,169 --> 00:08:06,909 that work lost copyright 267 00:08:06,909 --> 00:08:08,799 protection, and therefore 268 00:08:08,959 --> 00:08:10,219 passed into the public domain. 269 00:08:10,555 --> 00:08:11,555 And then you can have 270 00:08:11,575 --> 00:08:13,425 explicit dedication, 271 00:08:13,805 --> 00:08:15,325 a creator can choose. 272 00:08:15,735 --> 00:08:17,045 To relinquish their 273 00:08:17,065 --> 00:08:18,902 copyrights and place their 274 00:08:18,902 --> 00:08:20,492 work in the public domain. 275 00:08:20,805 --> 00:08:21,885 there are some tools 276 00:08:21,895 --> 00:08:22,935 like Creative Commons 277 00:08:23,035 --> 00:08:25,295 Zero, that can do that. 278 00:08:25,365 --> 00:08:26,825 I will talk briefly about 279 00:08:26,825 --> 00:08:28,915 Creative Commons as well. 280 00:08:29,251 --> 00:08:30,951 Creative Commons are 281 00:08:30,951 --> 00:08:32,431 copyright licenses. 282 00:08:32,867 --> 00:08:34,897 Except they're simple, 283 00:08:35,117 --> 00:08:38,323 standardized licenses that 284 00:08:38,333 --> 00:08:41,330 have preset conditions and you 285 00:08:41,330 --> 00:08:44,330 can simply apply those preset 286 00:08:44,330 --> 00:08:46,150 conditions to your work. 287 00:08:46,498 --> 00:08:47,270 If you want to find 288 00:08:47,270 --> 00:08:48,110 out more about them, 289 00:08:48,110 --> 00:08:49,020 go to creative commons. 290 00:08:49,350 --> 00:08:49,890 org. 291 00:08:50,196 --> 00:08:52,357 But basically creative common 292 00:08:52,357 --> 00:08:55,463 licenses can be restrictive. 293 00:08:55,867 --> 00:08:57,117 From, requirements 294 00:08:57,117 --> 00:08:57,967 to give credit to the 295 00:08:57,967 --> 00:08:59,778 creator, you can't use it 296 00:08:59,778 --> 00:09:01,278 for any commercial use. 297 00:09:01,288 --> 00:09:03,126 I mean, you can't sell it and 298 00:09:03,126 --> 00:09:04,446 you can't make any derivatives 299 00:09:04,684 --> 00:09:06,695 or adaptations of it, but 300 00:09:06,788 --> 00:09:09,368 you can use it as is, giving 301 00:09:09,368 --> 00:09:11,268 credit, not selling it. 302 00:09:11,598 --> 00:09:14,418 Versus a pretty permissive 303 00:09:14,468 --> 00:09:16,628 license, which is simply that 304 00:09:16,658 --> 00:09:18,278 you just have to give credit 305 00:09:18,308 --> 00:09:19,378 and that's all you need to do. 306 00:09:19,881 --> 00:09:20,764 And then there are other 307 00:09:20,764 --> 00:09:22,764 licenses that fall between 308 00:09:22,764 --> 00:09:24,114 the 2 give credit, but you 309 00:09:24,114 --> 00:09:25,648 can use commercially, you 310 00:09:25,648 --> 00:09:26,628 can make derivatives, but 311 00:09:26,628 --> 00:09:27,338 you have to give, you know, 312 00:09:27,458 --> 00:09:28,818 all those combinations. 313 00:09:28,818 --> 00:09:29,118 Right? 314 00:09:29,478 --> 00:09:30,468 A creative comments 315 00:09:30,468 --> 00:09:32,788 0, although it's. 316 00:09:33,231 --> 00:09:33,971 Sometimes referred 317 00:09:33,971 --> 00:09:34,761 to as a license. 318 00:09:34,821 --> 00:09:36,121 It's not a license, right? 319 00:09:36,121 --> 00:09:38,811 Because it's a dedication 320 00:09:38,841 --> 00:09:40,091 to the public domain. 321 00:09:40,344 --> 00:09:42,088 if you elect the creative 322 00:09:42,088 --> 00:09:44,138 common 0, then you are 323 00:09:44,138 --> 00:09:46,851 waiving all copyright and 324 00:09:46,851 --> 00:09:48,471 related rights in the work. 325 00:09:48,607 --> 00:09:49,099 So. 326 00:09:49,748 --> 00:09:52,348 might use this if they want 327 00:09:52,418 --> 00:09:54,368 to dedicate their work to 328 00:09:54,368 --> 00:09:56,012 the public domain because 329 00:09:56,012 --> 00:09:57,792 it's, data or educational 330 00:09:57,802 --> 00:10:00,262 content, scientific work, 331 00:10:00,470 --> 00:10:01,705 maybe even artwork, but 332 00:10:01,775 --> 00:10:03,075 something where they want 333 00:10:03,075 --> 00:10:04,815 to facilitate the free 334 00:10:04,875 --> 00:10:07,215 distribution and utilization 335 00:10:07,325 --> 00:10:09,325 of that resource globally. 336 00:10:09,585 --> 00:10:11,202 That is a more, the 337 00:10:11,212 --> 00:10:13,232 merrier, the wider spread. 338 00:10:13,558 --> 00:10:14,788 And repeated that 339 00:10:14,798 --> 00:10:16,038 information is the better 340 00:10:16,038 --> 00:10:17,852 it is for, the world. 341 00:10:18,159 --> 00:10:19,772 And so people may elect 342 00:10:19,872 --> 00:10:21,312 to dedicate their work 343 00:10:21,342 --> 00:10:22,822 to the public domain. 344 00:10:23,222 --> 00:10:25,872 the main attributions 345 00:10:26,295 --> 00:10:27,829 are, there are no 346 00:10:27,829 --> 00:10:29,069 copyright restrictions. 347 00:10:29,445 --> 00:10:30,832 When you have that creative 348 00:10:31,102 --> 00:10:33,746 domains, zero dedication, 349 00:10:34,073 --> 00:10:35,046 you can use the work 350 00:10:35,046 --> 00:10:36,686 for any purpose without 351 00:10:36,686 --> 00:10:38,339 seeking permission, even 352 00:10:38,339 --> 00:10:39,259 commercial purposes. 353 00:10:39,339 --> 00:10:40,299 You can take something that 354 00:10:40,329 --> 00:10:41,639 someone's given away free 355 00:10:41,639 --> 00:10:43,669 and slap a price on it. 356 00:10:43,669 --> 00:10:44,389 If someone will pay 357 00:10:44,389 --> 00:10:46,299 for it and they wait. 358 00:10:46,299 --> 00:10:47,209 So the creator waves 359 00:10:47,219 --> 00:10:48,299 all rights to work. 360 00:10:48,577 --> 00:10:50,616 No attribution is required. 361 00:10:50,879 --> 00:10:52,219 that's a different thing 362 00:10:52,219 --> 00:10:53,479 than pretending it's your 363 00:10:53,569 --> 00:10:56,443 own idea, but it is not a 364 00:10:56,443 --> 00:10:58,743 copyright infringement to 365 00:10:58,743 --> 00:11:00,643 not provide attribution. 366 00:11:01,113 --> 00:11:03,063 there are, other ethical 367 00:11:03,063 --> 00:11:04,293 obligations that you still 368 00:11:04,293 --> 00:11:06,519 have, to not claim somebody 369 00:11:06,519 --> 00:11:08,473 else's, uh, Work as your own 370 00:11:08,811 --> 00:11:10,476 and you can use it worldwide 371 00:11:10,784 --> 00:11:13,404 and it cannot be revoked 372 00:11:13,484 --> 00:11:15,404 when someone dedicates 373 00:11:15,738 --> 00:11:16,704 their work to the public 374 00:11:16,704 --> 00:11:18,464 domain that is permanent 375 00:11:18,514 --> 00:11:20,144 and it cannot be revoked. 376 00:11:20,774 --> 00:11:23,374 However, it is provided as 377 00:11:23,494 --> 00:11:25,991 is, without any warranty. 378 00:11:26,241 --> 00:11:28,541 So, in the event that work. 379 00:11:28,614 --> 00:11:30,154 infringes somebody else's 380 00:11:30,154 --> 00:11:32,124 copyright, because it's been 381 00:11:32,134 --> 00:11:33,764 dedicated to public domain. 382 00:11:33,984 --> 00:11:36,191 It could be that, there are 383 00:11:36,201 --> 00:11:37,468 problems within that work. 384 00:11:37,651 --> 00:11:39,161 so using that, creative 385 00:11:39,211 --> 00:11:40,821 commons zero work is 386 00:11:40,821 --> 00:11:42,389 not completely without 387 00:11:42,787 --> 00:11:44,117 liability or risk. 388 00:11:44,477 --> 00:11:45,567 Here's what public 389 00:11:45,577 --> 00:11:47,487 domain is not. 390 00:11:48,141 --> 00:11:49,421 So to answer the original 391 00:11:49,421 --> 00:11:51,537 question, something that 392 00:11:51,537 --> 00:11:53,344 is publicly available 393 00:11:53,514 --> 00:11:54,324 doesn't mean it's in 394 00:11:54,324 --> 00:11:55,184 the public domain. 395 00:11:55,396 --> 00:11:57,386 Publicly available and public 396 00:11:57,416 --> 00:12:00,236 domain are not synonymous. 397 00:12:00,686 --> 00:12:02,298 Publicly available simply 398 00:12:02,298 --> 00:12:04,278 means it is not being, 399 00:12:04,498 --> 00:12:05,888 held in confidence. 400 00:12:06,315 --> 00:12:07,948 It is something that is 401 00:12:07,948 --> 00:12:10,308 available to the public. 402 00:12:10,728 --> 00:12:11,748 So think of a course. 403 00:12:12,063 --> 00:12:14,406 Or a movie or a song publicly 404 00:12:14,406 --> 00:12:16,236 available, but copyright 405 00:12:16,236 --> 00:12:18,656 protection remains on that 406 00:12:18,656 --> 00:12:20,131 work, according to the 407 00:12:20,141 --> 00:12:21,101 things we just talked about. 408 00:12:21,501 --> 00:12:23,481 So, the question about 409 00:12:23,712 --> 00:12:24,872 publishing something 410 00:12:24,892 --> 00:12:26,092 on my social media 411 00:12:26,132 --> 00:12:27,648 does not put something 412 00:12:27,678 --> 00:12:28,788 in the public domain. 413 00:12:28,808 --> 00:12:30,158 It is publicly available, 414 00:12:30,456 --> 00:12:32,162 but it is still subject to 415 00:12:32,192 --> 00:12:33,762 my copyright protections. 416 00:12:34,204 --> 00:12:35,192 The other thing that public 417 00:12:35,192 --> 00:12:37,480 domain isn't, it isn't. 418 00:12:37,630 --> 00:12:40,489 Free now, it might be, but 419 00:12:40,499 --> 00:12:42,639 if you go on Amazon right now 420 00:12:42,749 --> 00:12:44,399 and search for a tale of 2 421 00:12:44,399 --> 00:12:46,753 cities, you'll see copies of 422 00:12:46,753 --> 00:12:49,626 the book that are for sale. 423 00:12:49,933 --> 00:12:50,253 Right? 424 00:12:50,283 --> 00:12:52,043 So, when we talked 425 00:12:52,043 --> 00:12:53,353 about some of the books. 426 00:12:53,586 --> 00:12:54,519 You know, Virginia Woolf 427 00:12:54,519 --> 00:12:55,649 and Ernest Hemingway. 428 00:12:55,649 --> 00:12:56,129 I can't remember 429 00:12:56,399 --> 00:12:57,209 Agatha Christie books. 430 00:12:57,559 --> 00:12:59,583 You will find those books. 431 00:12:59,583 --> 00:13:00,483 Now, by the way, their 432 00:13:00,483 --> 00:13:02,369 whole catalog of books 433 00:13:02,369 --> 00:13:04,076 is not in public domain. 434 00:13:04,316 --> 00:13:05,566 The ones that they published 435 00:13:05,616 --> 00:13:07,673 before 1927 are, so 436 00:13:07,673 --> 00:13:08,873 you will find all those 437 00:13:08,893 --> 00:13:11,343 books on Amazon for sale. 438 00:13:11,573 --> 00:13:13,033 So you can't. 439 00:13:13,218 --> 00:13:14,838 get the Kindle copy that 440 00:13:14,838 --> 00:13:17,023 you bought and just copy it 441 00:13:17,053 --> 00:13:18,273 and then start selling it. 442 00:13:18,683 --> 00:13:20,923 that particular book. 443 00:13:21,119 --> 00:13:22,879 Is for sale and subject 444 00:13:22,919 --> 00:13:23,819 to whatever the terms of 445 00:13:23,819 --> 00:13:25,966 that sale are, conversely, 446 00:13:26,289 --> 00:13:28,469 something that is free. 447 00:13:28,774 --> 00:13:29,904 Is not necessarily 448 00:13:29,944 --> 00:13:31,194 in the public domain. 449 00:13:31,531 --> 00:13:33,031 Think about most of the 450 00:13:33,031 --> 00:13:34,201 content that you come 451 00:13:34,201 --> 00:13:36,131 across daily on your phone. 452 00:13:36,461 --> 00:13:38,284 It's free, but the 453 00:13:38,294 --> 00:13:40,154 vast majority of it is 454 00:13:40,164 --> 00:13:42,124 protected by copyright. 455 00:13:42,607 --> 00:13:44,267 So that is super important 456 00:13:44,307 --> 00:13:45,827 because too many people 457 00:13:45,837 --> 00:13:47,087 think that's something 458 00:13:47,365 --> 00:13:48,612 that's Published on the 459 00:13:48,612 --> 00:13:51,215 internet is public domain. 460 00:13:51,305 --> 00:13:52,965 That is not what that is. 461 00:13:53,375 --> 00:13:55,255 And it is not just because 462 00:13:55,255 --> 00:13:56,305 you can access it for 463 00:13:56,305 --> 00:13:58,871 free does not mean that it 464 00:13:58,891 --> 00:14:00,181 is in the public domain. 465 00:14:00,381 --> 00:14:01,471 It is still protected 466 00:14:01,471 --> 00:14:02,191 by copyright. 467 00:14:02,648 --> 00:14:03,978 People ask me about 468 00:14:04,048 --> 00:14:05,858 open source software. 469 00:14:06,168 --> 00:14:08,586 So free and open software 470 00:14:08,626 --> 00:14:10,806 is not in the public domain. 471 00:14:11,151 --> 00:14:12,409 It is still protected 472 00:14:12,409 --> 00:14:13,559 by copyright law. 473 00:14:13,979 --> 00:14:15,109 So similar to those 474 00:14:15,109 --> 00:14:16,349 creative common licenses. 475 00:14:16,951 --> 00:14:18,694 If you offer something, 476 00:14:18,864 --> 00:14:20,764 as open source software, 477 00:14:21,104 --> 00:14:22,554 the copyright owner of 478 00:14:22,554 --> 00:14:24,254 that software chooses 479 00:14:24,254 --> 00:14:25,927 to grant specific rights 480 00:14:25,927 --> 00:14:28,044 to the public through a 481 00:14:28,064 --> 00:14:29,504 general public license. 482 00:14:30,029 --> 00:14:30,489 just because it's 483 00:14:30,489 --> 00:14:31,759 free and it's, not 484 00:14:31,769 --> 00:14:33,009 in the public domain. 485 00:14:33,260 --> 00:14:34,420 So there are still 486 00:14:34,420 --> 00:14:37,140 conditions for using it. 487 00:14:37,513 --> 00:14:39,588 It is still protected, 488 00:14:39,761 --> 00:14:42,204 but subject to this public 489 00:14:42,204 --> 00:14:43,554 license that allows you to 490 00:14:43,554 --> 00:14:45,124 use it in specific ways. 491 00:14:45,596 --> 00:14:47,936 And so whatever those terms 492 00:14:48,016 --> 00:14:50,564 of that license are, you 493 00:14:50,574 --> 00:14:51,974 still need to comply with it. 494 00:14:51,974 --> 00:14:53,685 So if you don't comply with 495 00:14:53,685 --> 00:14:55,937 that, the terms of that free 496 00:14:55,937 --> 00:14:58,783 open source license, then you 497 00:14:58,843 --> 00:15:01,013 are infringing the copyright. 498 00:15:01,013 --> 00:15:01,853 It is still protected 499 00:15:01,853 --> 00:15:02,753 by copyright law. 500 00:15:02,917 --> 00:15:04,013 You still need to comply with 501 00:15:04,033 --> 00:15:05,153 the terms of that license. 502 00:15:05,203 --> 00:15:05,973 And if you don't, 503 00:15:06,233 --> 00:15:07,553 then you are guilty of 504 00:15:07,553 --> 00:15:08,633 copyright infringement. 505 00:15:09,053 --> 00:15:10,193 Other people will ask, 506 00:15:10,243 --> 00:15:12,215 why we do even have a 507 00:15:12,385 --> 00:15:13,855 domain, like, why doesn't 508 00:15:13,855 --> 00:15:16,085 protection last longer? 509 00:15:16,431 --> 00:15:19,325 And, if you follow what 510 00:15:19,345 --> 00:15:20,345 has happened over the 511 00:15:20,345 --> 00:15:21,955 last 100 years with the. 512 00:15:22,169 --> 00:15:24,449 Increase in the length 513 00:15:24,449 --> 00:15:25,569 of copyright protection 514 00:15:25,569 --> 00:15:27,142 in particular, there are 515 00:15:27,142 --> 00:15:28,142 many people who think 516 00:15:28,142 --> 00:15:29,822 it lasts way too long. 517 00:15:30,239 --> 00:15:32,179 So, now, with the life of the 518 00:15:32,249 --> 00:15:34,479 author, plus was it 70 years 519 00:15:34,812 --> 00:15:38,059 or 95 years, basically the 520 00:15:38,089 --> 00:15:41,109 value to the original owner. 521 00:15:41,445 --> 00:15:44,824 Has probably, 0 to 9, right? 522 00:15:45,342 --> 00:15:47,172 However, the value to 523 00:15:47,172 --> 00:15:49,122 the world, because at 524 00:15:49,122 --> 00:15:50,282 the end of the day, there 525 00:15:50,292 --> 00:15:51,702 really aren't that many 526 00:15:51,932 --> 00:15:53,442 original ideas anymore. 527 00:15:53,472 --> 00:15:53,782 Right. 528 00:15:54,135 --> 00:15:55,842 And so to be able to 529 00:15:56,038 --> 00:15:57,545 build upon Shakespeare 530 00:15:57,745 --> 00:15:59,345 to be able to build upon. 531 00:15:59,590 --> 00:16:00,980 the odyssey to be able 532 00:16:00,980 --> 00:16:02,840 to build upon, other, 533 00:16:03,050 --> 00:16:04,980 classic materials. 534 00:16:05,280 --> 00:16:07,620 That is the basis of so 535 00:16:07,630 --> 00:16:10,570 much of what is, rich 536 00:16:10,580 --> 00:16:12,700 in current culture. 537 00:16:13,159 --> 00:16:14,632 Public domain is 538 00:16:14,632 --> 00:16:16,042 intentionally created. 539 00:16:16,062 --> 00:16:17,576 It was intentionally created 540 00:16:17,576 --> 00:16:19,166 by Congress to make sure 541 00:16:19,483 --> 00:16:21,886 that some works, even 542 00:16:21,886 --> 00:16:23,466 creative works, there's a 543 00:16:23,476 --> 00:16:25,536 balance for that exclusive 544 00:16:25,536 --> 00:16:28,096 period of time that the. 545 00:16:28,271 --> 00:16:30,131 Creator has exclusive rights 546 00:16:30,131 --> 00:16:32,618 to it, but also to balance 547 00:16:32,618 --> 00:16:34,708 it with the greater good 548 00:16:35,023 --> 00:16:36,988 that we can have this body 549 00:16:37,028 --> 00:16:39,675 of work that we can continue 550 00:16:39,725 --> 00:16:42,045 to develop and to grow from. 551 00:16:42,493 --> 00:16:44,228 I discovered in researching 552 00:16:44,228 --> 00:16:45,528 this when I discovered the 553 00:16:45,528 --> 00:16:46,718 Center for the Study of 554 00:16:46,718 --> 00:16:48,028 Public Domain, which is 555 00:16:48,398 --> 00:16:49,808 awesome, which advocates 556 00:16:49,818 --> 00:16:51,566 for a balance between 557 00:16:51,566 --> 00:16:53,206 protection and public domain. 558 00:16:53,556 --> 00:16:55,186 And they had this to say. 559 00:16:55,506 --> 00:16:56,516 Without the public 560 00:16:56,526 --> 00:16:58,136 domain, there would be 561 00:16:58,166 --> 00:16:59,556 little to protect with 562 00:16:59,566 --> 00:17:00,876 intellectual property rights. 563 00:17:01,475 --> 00:17:02,806 If copyright lasted 564 00:17:02,806 --> 00:17:04,006 long enough to lock 565 00:17:04,026 --> 00:17:05,346 up Shakespeare's work, 566 00:17:05,770 --> 00:17:06,810 much of the literary 567 00:17:06,810 --> 00:17:08,620 canon would vanish. 568 00:17:08,956 --> 00:17:11,270 If data, theories, and formula 569 00:17:11,546 --> 00:17:12,690 were subject to intellectual 570 00:17:12,690 --> 00:17:13,900 property protection, 571 00:17:14,266 --> 00:17:15,970 then scientific progress 572 00:17:16,190 --> 00:17:17,720 would grind to a halt. 573 00:17:18,020 --> 00:17:18,760 So the intellectual 574 00:17:18,760 --> 00:17:20,300 property system needs to 575 00:17:20,447 --> 00:17:22,037 provide both incentives. 576 00:17:22,702 --> 00:17:24,662 Through exclusive rights and 577 00:17:24,662 --> 00:17:26,302 the freedoms provided by the 578 00:17:26,302 --> 00:17:28,392 public domain, and the key 579 00:17:28,432 --> 00:17:29,792 is to find the appropriate 580 00:17:29,852 --> 00:17:31,092 balance between them. 581 00:17:31,428 --> 00:17:32,568 And I think that is a 582 00:17:32,568 --> 00:17:34,918 great way to wrap up the 583 00:17:34,928 --> 00:17:36,428 copyright ability series. 584 00:17:36,948 --> 00:17:38,188 Again, please check out the 585 00:17:38,188 --> 00:17:41,408 last 2 episodes as well as I 586 00:17:41,448 --> 00:17:43,708 also had a 3 part series about 587 00:17:43,858 --> 00:17:45,608 Copyright infringement or 588 00:17:45,608 --> 00:17:46,748 talk about what is copyright 589 00:17:46,748 --> 00:17:49,071 infringement, how to avoid 590 00:17:49,091 --> 00:17:50,698 being a copyright infringer, 591 00:17:50,954 --> 00:17:52,131 which usually happens by 592 00:17:52,141 --> 00:17:54,091 accident, not with intent 593 00:17:54,478 --> 00:17:56,308 and measures you can take 594 00:17:56,408 --> 00:17:58,758 to, reduce the likelihood 595 00:17:58,758 --> 00:17:59,808 that you will be a victim 596 00:17:59,808 --> 00:18:01,188 of copyright infringement. 597 00:18:01,398 --> 00:18:02,208 So please check out 598 00:18:02,208 --> 00:18:03,318 those episodes as well. 599 00:18:03,816 --> 00:18:05,066 And thank you again. 600 00:18:05,136 --> 00:18:06,256 This series has been 601 00:18:06,256 --> 00:18:08,196 sponsored by Think Beyond IP. 602 00:18:08,483 --> 00:18:10,333 Think Beyond IP helps B2B 603 00:18:10,373 --> 00:18:12,013 experts with corporate clients 604 00:18:12,436 --> 00:18:13,723 lay the intellectual property 605 00:18:13,723 --> 00:18:15,923 foundation required to build 606 00:18:15,993 --> 00:18:18,153 new scalable revenue streams. 607 00:18:18,660 --> 00:18:20,360 Think Beyond IP has the legal 608 00:18:20,360 --> 00:18:22,280 expertise and the corporate 609 00:18:22,280 --> 00:18:23,730 experience to provide 610 00:18:23,860 --> 00:18:25,580 expert focus to the issues 611 00:18:25,580 --> 00:18:26,860 that matter most to you. 612 00:18:27,161 --> 00:18:28,641 and to your corporate clients. 613 00:18:29,308 --> 00:18:30,755 And if you haven't already 614 00:18:30,755 --> 00:18:32,285 head over to thinkbeyondip. 615 00:18:32,325 --> 00:18:34,135 com to get your free 616 00:18:34,475 --> 00:18:36,735 assessment to answer 617 00:18:36,785 --> 00:18:38,735 the question, is your 618 00:18:38,795 --> 00:18:40,445 expertise copyrightable? 619 00:18:40,795 --> 00:18:41,481 Thanks guys. 620 00:18:41,531 --> 00:18:42,561 Have a great holiday.