Public domain: definition, what includes, description

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:53

Across the world, there is a rule that works go into the public domain when a certain period expires. In different countries, this period, as well as the transition procedure, differ in some way. Thus, works that are the property of all people in our country may be copyrighted in the United States, and vice versa.

In the vast majority of European countries, these rights lose protection after 70 years from the moment the author passed away. Or this period begins to be counted from the moment of publication of the work. More about the concept and mode of the public domain will be discussed in the article.

Copyright

In order to understand the essence of the public domain in copyright law, it is necessary to familiarize yourself with the second of these concepts.

Copyright in the civil legislation of our country is considered as an intellectual right,arising on works created by figures of literature, art, scientists. It arises from the moment the work is created, and includes:

The author's non-property rights, such as the right to a name, publication, dignity, etc.
The exclusive right of the author, based on which he, as well as his successors, who are copyright holders, can either prohibit or allow the use of the work in any way.
The right to remuneration. It is established in the event that it is allowed to use the work without the author's consent or without the permission of the copyright holder. A reward must be paid for this.

Public domain

It refers to all creative works taken together for which copyrights have expired or these rights never existed. At the same time, it should be noted that we are talking exclusively about property rights, that is, about remuneration.

The public domain is also understood as inventions for which the patent has not yet expired. Any person without restrictions can use and distribute it. There is no need to pay remuneration to the author or copyright holder.

However, the non-property rights mentioned above must be observed without fail. In most European countries, a work enters the public domain after 70 years have passed since the death of its author. There is another option- after the same period, but it is counted after the work is published.

The list of the public domain in the Russian Federation is published annually both on the Internet and on paper.

In Russia

In our country, a work passes into the public domain if the following conditions are met. After the death of its author, 70 years must pass. If he created during the Second World War or took direct part in it, the time of protection of his copyright will be increased by 4 years. That is, you need to add 4 to 70 and you get 74 years.

If the creator of a book, painting, scientific work was rehabilitated posthumously after he was repressed, the term of protection of rights will have a different starting point. Its course will begin on January 1 of the year immediately following the rehabilitation.

But the term itself does not change, it will also be equal to 70 years. This right shall not apply when the 50-year term of copyright has expired by 1993-01-01

Other features in RF

If a work was first published after its creator died, then the right of the author is valid for 70 years after its publication. Prior to 2004, this period was 50 years.

There is a special group of works that were created in Russia and are in the public domain. This applies to:

images of the official symbols of the state;
money;
flags;
orders;
officialdocumentation of the Russian Federation and the states of the USSR, of which it is the legal successor.

For legal entities

After the fourth part of the Civil Code of the Russian Federation came into force, from the date of 2008-01-01, legal entities that had copyrights that appeared before 1993-03-08, that is, before the entry into the Copyright Law of 09.07.1993, lose them 70 years after the presentation of the work to the general public. If it has not been published, then the starting point for the 70-year term is the date of its creation.

Based on this provision, films that appeared on the screen more than 70 years ago are a social condition. At the same time, the law does not say about the country of origin of the film. And the Ministry of Culture of the Russian Federation provides information that the norm contained in the law applies to all films. The rights to later released studio pictures are the property of the producing studios or their successors.

In the European Union

Before its formation, in most of the states included in it, the period of validity of copyright was 50 years after the death of the author. The exception was Germany. There was a figure of 70 years. After the formation of the European Union, the legislation of its members was subject to harmonization.

Due to the fact that attempts to negotiate with Germany to reduce the figure from 70 to 50 years were unsuccessful, a general law on 70 years was adopted. At the same time, for all works that have already become public domain, copyright was renewed. Companies that began to publish such works were allowed to sell stocks, receiving some compensation from the state.

If a work has not one, but several authors, then the period is counted from the day when the last of them died. For the performance of works and their recording, there is a 70-year period, which is counted after the performance, production of the recording. It should be noted that this rule was introduced in 2013, and it does not apply retroactively to works that became the property of all people before 2013-01-01. Even in cases where the new rule specifies its protection.

Additional terms

They were held by several countries and extended copyright protection for periods associated with the periods of the two world wars. Most of the states that are members of the European Union fought in them. After the differences were settled, additional terms were reserved for France only. This refers to the authors whose death certificate contains a direct indication that they died for this country.

In such a situation, a piece of music will enter the public domain 100 years after it has been made available to the public. If it was published during the First World War, its protection period would be 114 years and 272 days. If during the 2nd World War, then 108 years and 120 days. Consequently, works relating to the 1st of the wars will lose the protection of property rights to them no later than in 2033, and for the 2nd - no later than in 2053.

For works that are not of a musical nature, the term of protectionnot definitively determined. Previously, it was 50 years from the date of publication, and in accordance with the new laws, taking into account existing features, it can last up to 80 years. As well as meet deadlines for musical pieces.

In the United States

In accordance with the current copyright law in the United States, all works published in their territory before 1923-01-01 are in the public domain. Anything published on or after 1923 is protected by copyright. The specified date plays a special role and cannot be changed until 2019-01-01

A work that was published after 1923-01-01, as a rule, goes into the public domain if its author has passed away more than 70 years ago. Or if it was published more than 95 years ago. However, there are a number of exceptions under which copyright protection may be terminated early.

Besides this, in the general case, automatically become the property of the whole society the works that are prepared by employees of government structures as part of their official duties. This is due to the fact that they were created with funds received from taxes.

Digital and photocopies

Under US law, reproductions of two-dimensional art objects such as paintings, photographs, book illustrations are not subject to copyright. The exception is cases when something was introduced during the creation of reproductions.creative, original, such as retouching. So, if Gioconda is photographed from a direct angle, this photo will not create a new object of copyright, and it can be considered as a public domain object.

All this applies to scanned images. They inherit the original copyright. If the original is not protected by them, the same fate awaits the photographed or scanned copy. Copyrighted reproductions of two-dimensional works are also not independent works. If you scan an image of a DVD or book cover, it will be copyrighted if the original is copyrighted.

In China

The laws of China set a period for copyright protection of works, which is 50 years after the death of their creator. If the author is not identified, and the rights to his creation belong to one or another organization, then 50 years are counted from the date of publication or from the date of creation if there was no publication.

The transition of software into the public domain is regulated in the same way. Printed works published in the printing house of books and periodicals are subject to additional protection. From the moment of the first publication they are protected for 10 years.

The rights belonging to the authors of the allied countries are especially regulated in China. They are subject to additional protection periods. Their extension occurs in the case when the author's right was established from 1941-07-12 to September 1945. The extension period is 3794 days, which is more than 10 years.

In Japan

This state has different terms of protection for authors, depending on the country of origin and type of work.

Cinematic works enter the public domain when 70 years have elapsed from the date of publication, and if it was not, then from the moment of creation.

Until 1997-25-03, a 50-year term of protection was applied to photographs, which was counted either from the moment of publication or from the moment of creation. The one that was shorter was chosen. Now the legislation has changed and the departure of the author from life is taken as the starting point for the specified period. For those photos that have passed into the public domain, copyright has not been renewed.

Broadcasts and sound recordings are protected for 50 years from the date of publication. Everything else - 50 years after the death of the author, if known, or 50 years from the date of creation or publication. The last of these principles applies either to anonymous works or to those for which organizations hold rights.