According to public domain sherpa, "the public domain consists of works that are not protected by copyright or by other legal means. You are free to use public domain works however you wish, without seeking permission." The reasons they give is:
- Expired copyright laws
- No valid copyright
- Not "eligible for copyright"
- The site owners made it a "public domain."
However, it is important to know whether these works appear anywhere else on the web that may have copyright laws. If the copyright has been renewed, and it is important to remember that the work (according to U.S. Code) does not have to be registered or marked as copyrighted. Therefore, it is safe to always assume that the work is protected by copyright laws.
What Can Be Copied From the Public Domain?
If assuming the work is protected, then what can be copied? For the most part, literary works, music, and many artistic works and recordings are off limits. Unless permission is given by the author, and a link to the author's work is provided and cited.
A good guideline for works that can or cannot be copied is the U.S. Copyright Law Title 17. It is also important not to republish, make commercial, or claim ownership of any work on the Internet. To republish or make commercial another work can be an "infringement" on the author or person's rights. Also, the reason pictures. sculptures, statues, and other art works should not be copied (unless permission is given, or it is alright according the Fair Use Laws) is because the text may not be copyrighted, but the picture most often is.
Therefore, students and teachers are able to use the public domain. As long as there is no intent to sell, reprint the material for commercial use, or claim as their own. If the material is being used solely for education purposes in the classroom, then the use of it should not be a problem. The only time it could become a problem is if a class is planning on publishing material onto the Internet for public use.
Overall, the laws protecting those in the public domain are very fair. As an online writer, I have had my works republished within days of writing them. I often go to the sites telling them to remove the post, or remove the text and place my article title with the link instead of copying my work. The copyright laws protect everyone who work, write, post, and share information on the web. If there were no laws, all these publications could be easily claimed by others who would profit from them.
Sometimes, the rules are frustrating. However, since classrooms seem to be protected by the law, the main thing teachers and students should do is always cite work and never copy the work with intent to claim.
Public Domain Sherpa. (2012). Retrieved January 25, 2012, from http://www.copyright.gov/fls/fl102.html.
Public Domain Music. (2006). Copyright and the Public Domain. Retrieved January 25, 2012, from http://www.pdinfo.com/copyrt.php.
U.S. Copyright Office. (2009). Retrieved January 25, 2012, from http://www.copyright.gov/fls/fl102.html.
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