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Re: Public Domain questions

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From: craig roland (rolandc_at_TeacherArtExchange)
Date: Sun Aug 31 2003 - 17:31:14 PDT


>My question is: What exactly is considered public domain art? If I
>am selling a text book then what images am I allowed to use? Are
>all images prior to 1923 considered public domain?? Any help on
>this would be greatly appreciated!
>
>Donna

Donna,

I don't know if this will help you much, but here's a paragraph from
something I wrote recently :

>The term "Public Domain" refers to a body of intellectual property
>not protected by copyright laws and thus freely available for public
>use. This realm includes, but isn't limited to, original material
>that has been distributed freely by its creator with no restrictions
>on its use as well as original works for which the previous
>copyright or patent has expired and was not renewed. Some works
>previously under copyright enter into the Public Domain depending
>upon when they were created and the circumstances of their first
>publication. For more information, see When Works Pass Into the
>Public Domain in the United States: Copyright Term for Archivists on
>Cornell's Copyright Information Center Web site located at:
>http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm.

Note that just because a work or image was created before 1923
doesn't necessarily mean that it is part of the Public Domain (it's
copyright may be renewed). To learn more about the current debate
surrounding "public domain," see the following web pages:

A Mickey Mouse Copyright Law?
http://www.wired.com/news/politics/0,1283,17327,00.html

the Eric Eldred Act
http://eldred.cc/

The Mouse that Ate the Public Domain
http://writ.news.findlaw.com/commentary/20020305_sprigman.html

Also, I found these sites to be helpful in understanding copyright
issues as applied to works of art:

R.I.G.H.T.S.
http://www.rightsforartists.com/

Artists Rights Society
http://www.arsny.com/
(check out the list of prominent artists represented by ARS)

Craig

____________________________________________________________________________
Craig Roland - Associate Professor of Art Education
School of Art and Art History - University of Florida
PO Box 115801, Gainesville Florida 32611-5801
Art Ed Office: 352.392.9165 Fax: 352-392-8453
http://grove.ufl.edu/~rolandc/homepage.html
@rt room: http://www.arts.ufl.edu/art/rt_room
art junction: http://www.artjunction.org

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