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Copyright Corner

Author: Maria Scheid (page 1 of 4)

The Hardy Boys: Public Domain in 2023

December 6, 2023 / / Comments Off on The Hardy Boys: Public Domain in 2023

This post is authored by Heidi Bowles, current student at the UC Davis School of Law and former research assistant at Ohio State University Libraries’ Copyright Services.

The first three novels of the popular children’s detective series The Hardy Boys (The Tower Treasure, The House on the Cliff, and The Secret of the Old Mill) entered the public domain on January 1, 2023, meaning that they are free from copyright protection in the United States. The Ohio State University’s Rare Books and Manuscripts Library has copies of the original 1927 editions of The Tower Treasure and The House on the Cliff.

The Tower Treasure (The Hardy Boys), 1927

The House on the Cliff (The Hardy Boys), 1927

The Hardy Boys was created by the Stratemeyer Syndicate and published by Grosset and Dunlap. The Syndicate was a book packaging company that produced many popular children’s series in the twentieth century, like Nancy Drew and The Rover Boys. To create so many books on a short timeframe, the Syndicate operated as a well-oiled machine that followed a standard process for creating a book: a Syndicate executive, often Edward Stratemeyer himself, produced a short outline of a story, which was provided to a contracted ghostwriter who then wrote it into a book for a flat fee. The book was then returned to a Syndicate executive for final edits before being sent to the publisher. When launching a new series, they would release three initial books to test whether or not there was a market for their idea. These first three test books for The Hardy Boys are now in the public domain.

In the early years of the series, Edward Stratemeyer provided the outlines to Leslie McFarlane, who wrote under the pseudonym Franklin W. Dixon. The first eleven books in the series were written by McFarlane, who also contributed to other Syndicate series under various pseudonyms. After Stratemeyer’s death in 1930, other Syndicate writers, including his daughter Harriet Stratemeyer Adams, contributed outlines to several uncredited ghostwriters writing as Franklin W. Dixon.

Copyright

The Copyright Act of 1909, which applies to works created before January 1, 1978, provided new works that followed proper formalities with a 28-year period of copyright protection with the option to renew the copyright for another 28-year period. Changes in the law (in the Copyright Act of 1976 and the 1998 Sonny Bono Copyright Term Extension Act (CTEA)) extended the second period, making the maximum copyright term for published works covered by the 1909 Copyright Act 95 years from the date of publication.

Under the terms of an agreement between the authors and Stratemeyer Syndicate, copyright in the works appears to have been transferred and then registered in the name of the publisher (Grosset and Dunlap). Under the agreement, actual writers of the series did not receive a share of the royalties for sales of the books.[1] Franklin W. Dixon (a pseudonym) was listed as the author in the copyright registrations for many of The Hardy Boys novels, rather than the actual writers.

Under the 1909 Copyright Act, a publisher who was assigned copyright could control the copyright for the initial term, but the author, if still living, could claim the copyright for the renewal term. If the author was not living at the time of renewal, the copyright in the renewal term could be claimed only by those designated under the law. Harriet Stratemeyer Adams, who took charge of the Syndicate after her father’s death, renewed the copyrights in 1955 and claimed them for the renewal term.

The Syndicate’s practices of hiring contract writers and publishing series under a pseudonym let them control their stories and their legacies. They were able to authorize many spinoffs, adaptations, and revisions. In the 1950s and 1960s, during the renewal copyright term, the Syndicate shortened and revised the original Hardy Boys series. Although they were based on the original public domain books, these revisions are still protected by copyright.

Releasing these revisions did not restart the copyright in the original books—as derivative works, the elements taken from the original books are not copyrightable, only the new creative elements in the revised versions. The revised wording, revised characterization, illustrations and other new elements are protected by a separate copyright that will last for 95 years after publication.

Similarly, characters and events from the revised version or later iterations of the series are still protected by copyright. In the 1927 Tower Treasure, Frank and Joe Hardy were sixteen and fifteen years old but they were eighteen and seventeen in 1959. Only the sixteen-year-old and fifteen-year-old brothers are public domain.

The later revisions also altered the sidekick characters. One snarky review explains:

All the same, the Hardy Boys’ gang was a model of diversity for its day. In addition to best pal Chet Morton (or as he’s referred to in the original books, “the fat youth”), there was strongman Biff Hooper and two bona fide ethnics—Phil Cohen, a brainy Jewish kid; and Tony Prito, who is so darned ethnic that his poor Italian-accented English is the subject of good-natured mirth in the 1927 version of “The Tower Treasure.” In the 1959 rewrite, the melting pot has done its work and only the ethnic names remain. Tony Prito becomes “a lively boy with a good sense of humor.” Phil Cohen is “a quiet, intelligent boy.”

Characters and their characterization are copyrightable elements of a story, so only the version of the characters as they appear in these three 1927 books are in the public domain. Later updates to the specific characters are still protected by copyright. The stereotypical versions of Tony Prito and Phil Cohen are in the public domain, but the homogenized versions are not. Anyone making an adaptation or using these characters should be careful to avoid using any later versions of the character to avoid copyright issues.

This does not mean that any adaptation has to include these characters as they exist in the 1927 books. They can be changed and updated; it is just important to make sure that any changes to the characters have not already been made in copyrighted materials. To take clothing as an example, an adaptation would not have to dress the brothers in their original 1920s clothing simply because that version is in the public domain. There would be no copyright issues with styling the brothers as punks with pink mohawks and leather jackets (assuming that no copyrighted version like this already exists). There might, however, be copyright issues with dressing them in sweaters and denim as they appear in the 1950s.

Public Domain

Now that these books are in the public domain, they can be freely copied, adapted, distributed, performed, and displayed without having to seek permission from a rightsholder, negotiating a license, or paying royalties. This means that they can be posted online so they are more easily available for researchers and general readers, and they can be adapted by creators.

Public domain children’s books are particularly valuable because they are more accessible to children who do not live near a library and cannot afford to buy their own books, and, as the Authors Alliance pointed out, there is a severe lack of children’s books in many non-English languages. Public domain books are easier and cheaper to translate into languages with fewer available books.

Public domain materials are also available to be updated to address past injustices. The original Hardy Boys books were filled with racist and sexist stereotypes, and other reflections of 1920’s white male middle-class prejudice.[2] These books have sentimental value for many, and their enduring popularity makes them important material for researchers. Although these books might not be the best option to give to children, it is important to preserve and understand the underlying values of a series that many remember fondly as a part of their childhoods.

The public domain is a valuable and essential part of the lifecycle of copyright that makes creative works available to be freely used and inspire new works. This year, many important and interesting works entered the public domain. A few other notable works include:

  • Virginia Woolf’s To The Lighthouse
  • Sinclair Lewis’s Elmer Gantry
  • Langston Hughes’s Fine Clothes to the Jew
  • Jerome Kern and Oscar Hammerstein’s Show Boat
  • Georgia Douglas Johnson’s Plumes: A play in one act
  • John Dewey’s The Public and Its Problems

Learn more about how Ohio State is celebrating the public domain at go.osu.edu/PublicDomainDay.

 

[1] For more about the history and business practices of the Stratemeyer Syndicate, see Carol Billman’s 1986 book, The Secret of the Stratemeyer Syndicate: Nancy Drew, The Hardy Boys, and the Million Dollar Fiction Factory (link to OSUL catalog).

[2] For an analysis of The Hardy Boys series, see Joe Arthur’s 1991 OSU dissertation, “Hardly Boys: An Analysis of Behaviors, Social Changes, and Class Awareness in the Old Text of the Hardy Boys Series.”

 

Popular Adaptations of Public Domain Works

January 1, 2023 / / Comments Off on Popular Adaptations of Public Domain Works

Note: Today is Public Domain Day; the day that we celebrate new works that have entered the public domain. This year, we welcome works first registered or published in the United States in 1927. Works published during that time, that met all required formalities, enjoyed a maximum term of copyright protection of 95 years. With copyright term running to the end of the calendar year, works first published in 1927 officially enter the public domain in the U.S. on January 1, 2023.

Because public domain works are free of copyright, they may be freely copied, distributed, performed, displayed, and adapted. This blog post, by Heidi Bowles, discusses popular adaptation of public domain works.

Copyright in Derivative Works

Copyright provides authors with a bundle of exclusive rights in their creative works, one of which is to create—or authorize others to create—adaptations of their work. When a work enters the public domain, it becomes free for creators to adapt without worrying about seeking permission, paying royalties, or meeting an exception under copyright law. The lack of copyright restrictions makes it easier for authors to use public domain works for their adaptations. It is important to note that copyright terms can vary from country to country, so materials that are in the public domain in one country may still be protected by copyright in another.

Derivative works, in terms of copyright, are any works that are based on preexisting material.[1] When an author creates a derivative work, they only own the copyright in their new creative expressions (assuming that they used the work lawfully—any unlawful use of copyrighted material is not protected by copyright). Authors of derivative works do not have any copyright in the underlying work or in the elements of their new work that they took from it.[2] For a list of common types of derivative works, see the U.S. Copyright Office’s Circular on Derivative Works and Compilations.

Take, for example, Kenneth Branagh’s delightful and faithful 1993 movie adaptation of William Shakespeare’s play Much Ado About Nothing. This film used Shakespeare’s original dialogue and setting, which is in the public domain. No adaptation can create a new copyright in the original work. There is, however, a new copyright in the typesetting of the script and recording of the performed dialogue, which could make distributing a copy of the script or film a copyright infringement. However, because the elements taken from the original work remain free from copyright, anyone is free to transcribe Shakespeare’s original dialogue from the movie and distribute it without worrying about copyright.

Less faithful works have more independent and copyrightable elements, like Disney’s 1994 animated movie The Lion King, adapted from Shakespeare’s play Hamlet. In a loose adaptation like this, it is more complicated to determine which elements are public domain and which belong to Disney, but essentially, the copyrightable elements taken directly from Hamlet remain public domain, while the new original elements added by Disney are protected by copyright.

Copyright does not protect ideas or concepts, only their tangible, fixed expression. It can be helpful to consider which elements of a story could be copyrightable:[3]

Not copyrightable:

  • Scènes à faire (elements that are customary or obligatory for a genre)
  • General themes
  • Overall plot
  • Names, titles, slogans, short phrases, and catch phrases

Copyrightable:

  • The specific expression of scènes à faire, an idea, theme, or overall plot
  • Characters
  • Dialogue
  • A recording of the performance

Therefore, Disney does not have an exclusive right in Hamlet retellings with an animated animal cast, but they do have an exclusive right in the particular way that they did it.

The iconic scene where Scar kills Mufasa is a good example to look at. Disney does not have a copyright in the idea of the king being killed by his brother so the brother can take his place, which was taken from Hamlet (neither would Shakespeare, for the record, if there had been copyright laws in 1600—fratricide is a common and intangible idea and therefore not copyrightable). They also would not likely have a copyright to Scar’s final words to his brother, “Long live the king,” even if they were original to them, because as a short phrase it is not likely substantial enough to be copyrightable. They do, however, have a copyright in other specific elements that they used to express this plot point—Scar holding Mufasa up by his claws, sneering, and dramatically letting go so that Mufasa falls off the cliff into a stampede blow. This specific and original expression of fratricide is what is copyrightable, not its use in the story.

Fair Use

Public domain materials are not the only available option for creating derivative works without the rightsholder’s permission. There are exceptions in the law that allow copyrighted works to be transformed without paying royalties or asking permission from the copyright owner.

The fair use doctrine allows for the use of copyrighted works in certain circumstances, which is determined using a four-factor test that considers the purpose of the use, the nature of the copyrighted work, the amount and substantiality used, and the effect of the use on the market for the copyrighted work. Fair use is purposely vague to avoid unnecessarily limiting the use of copyrighted materials, but this vagueness could also result in uncertainty about whether a use is a fair use or an infringement until it is challenged in court.

So, while there are certainly many derivative works that are considered fair use, the lack of certainty with the fair use doctrine could mean that some creators would prefer the option of using public domain materials when creating derivative works.

Other Examples Based on Public Domain Works

DISCLAIMER: this list is nowhere near comprehensive and is heavily biased in favor of my personal tastes

Shakespeare’s plays have been frequently adapted. A musical adaptation of one of his best-known plays, Romeo and Juliet, gave us one of the most recognizable love themes in modern American culture (Tchaikovsky’s “Romeo and Juliet Fantasy Overture” TH. 42, which itself is in the public domain and used in many movies and TV shows). Some other notable adaptations of Romeo and Juliet include:

  • West Side Story (1957, 1961, and 2021)
  • Gnomeo and Juliet (2011)
  • The Lion King II: Simba’s Pride (1998)

Other popular movies adapted from Shakespeare’s plays include 10 Things I Hate About You (1999; Taming of the Shrew), She’s the Man (2006; Twelfth Night), and Ophelia (2018; Hamlet).

Jane Austen’s classic novel, Pride and Prejudice, is another frequently adapted story. Some recognizable works adapted from Pride and Prejudice include:

  • The Lizzie Bennet Diaries (2012)
  • Fire Island (2022)
  • Pride and Prejudice and Zombies (2016)
  • Bride and Prejudice (2004)
  • Bridget Jones’s Diary (2001).

Other Notable Movies and TV Shows:

  • Clueless (1995; Jane Austen’s Emma)
  • Monty Python and the Holy Grail (1975; legend of King Arthur)
  • O Brother, Where Art Thou? (2000; Homer’s The Odyssey)
  • Anne With an E (2017-2019; Lucy Maud Montgomery’s Anne of Green Gables)
  • Treasure Planet (2002; Robert Louis Stevenson’s Treasure Island)
  • Shrek the Third (2007; legend of King Arthur)

For more information on when a work becomes public domain, see Copyright Term and the Public Domain from Cornell Libraries. For a discussion of what is fair game and what is infringement in similar stories, see Protecting Your Stories by Mark Litwak.

Have any questions? Contact Copyright Services at libcopyright@osu.edu.

 

This post is authored by Heidi Bowles, current student at the UC Davis School of Law and former research assistant at Ohio State University Libraries’ Copyright Services.

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[1] “Derivative work” is defined in 17 U.S.C. § 101 as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a ‘derivative work.’”

[2] 17 U.S.C. § 103

[3] For more information on the scope of copyright, see the Copyright Office’s Circular on Works Not Protected by Copyright.

Celebrating Public Domain Day 2021

January 1, 2021 / / Comments Off on Celebrating Public Domain Day 2021

Today is Public Domain Day; the day that we celebrate new works that have entered the public domain. This year, we welcome works first registered or published in the United States in 1925. Works published during that time, that met all required formalities, enjoyed a maximum term of copyright protection of 95 years. With copyright term running to the end of the calendar year, works first published in 1925 officially enter the public domain in the U.S. on January 1, 2021.

Public domain works are free of copyright. This means they may be freely copied, adapted, distributed, performed and displayed, without permission from a rightsholder.

A Selection of Public Domain Works

Below are just some of the creative works that have entered the public domain in the United States this year:

Literature:

  • The Great Gatsby by F. Scott Fitzgerald
  • Mrs Dalloway by Virginia Woolf
  • Arrowsmith by Sinclair Lewis
  • The Informer by Liam O’Flaherty
  • Manhattan Transfer by John Dos Passos
  • An American Tragedy by Theodore Dreiser
  • In Our Time by Ernest Hemingway
  • Gentleman Prefer Blondes by Anita Loos

Film:

  • The Circle, directed by Frank Borzage
  • Clash of the Wolves, directed by Noel Smith
  • Go West, directed by Buster Keaton
  • Seven Chances, directed by Buster Keaton
  • Grass: A Nation’s Battle for Life, directed by Merian Cooper and Ernest Shoedsack
  • The Freshman, directed by Fred Newmeyer and Sam Taylor and starring Harold Lloyd

Music:

  • “Sweet Georgia Brown” by Ben Bernie, Kenneth Casey & Maceo Pinkard
  • “That Certain Feeling” by Ira and George Gershwin
  • “Sugar Foot Stomp” by Joe Oliver and Louis Armstrong
  • “Always” by Irving Berlin

Celebrating the Public Domain at OSU

The Public Domain Day Project at OSU continues this year to highlight and share public domain musical compositions.

We are offering a variety of 1925 works from the Music & Dance Library collections and creative projects, including: musical settings of fourteen children’s poems by A. A. Milne (featuring the first appearance of Winnie-the-Pooh) for voice and piano; a set of art songs inspired by the city of Paris, by American composer Kathleen Lockhart Manning; a piano solo by American avant-garde composer Henry Cowell; and popular sheet music by two Cleveland-based musicians, including a song inspired by a sensational 1920s serial fiction story in The Cleveland Press.

Visit the Music Scores & Audio page on the Public Domain Day Project site for access to available items, with more to be added throughout 2021.

Interested in learning more about the public domain? Explore the Public Domain Day website to learn more about the Public Domain Project at OSU, access public domain music scores and select audio recordings (dedicated to the public domain via Creative Commons CC0), and to view additional copyright and public domain resources.

Public Domain Day 2019 Recap

December 31, 2019 / / Comments Off on Public Domain Day 2019 Recap

Public Domain Day 2019 graphic

2019 began with a celebration; after a 20-year pause, works published in the United States in 1923 entered the public domain. In recognition of this occasion, Ohio State University Libraries began the Public Domain Day project, collaborating with partners across the university to bring attention to works whose term of copyright protection has expired and to encourage creative uses of public domain materials in the University Libraries’ collections.

In January of this year, the Public Domain Day project website was launched to share more information about the project and the partnerships involved. With a focus on public domain music, the project website highlighted a selection of musical scores that we believe entered the public domain in the U.S. in 2019.

Additionally, project partners worked together to provide a number of events throughout the year. Here is a recap of all the events for Public Domain Day 2019:

  • January 25, 2019: Public Domain Day Information Session. Copyright Services offered an information session with an overview of the ways a work may enter the public domain in the United States and how public domain materials may be used and shared to promote innovative research and creative expression. We also shared our plans for celebration at OSU with the Public Domain Day Project.
  • March 1, 2019: Public Domain Chamber Music and Chat. Two compositions, published in 1923, were the focus for this concert event. Composer Paul Hindemith’s Cello Sonata op. 25 no. 3 and String Quartet op. 22 were performed by OSU School of Music Professor Mark Rudoff and the Janus Quartet. The event included opening remarks on the significant public domain developments in 2019 and additional background on the two pieces performed. With the assistance of Professor Beth Black, Undergraduate Engagement Librarian for University Libraries, this event was also offered as a session for the Second-Year Transformational Experience Program (STEP).
  • April 11, 2019: OSU Symphonic Band concert featuring ‘McKinley’s Own’ march by Karl King. The OSU Symphonic Band, conducted by OSU School of Music professor Scott A. Jones, performed a new edition of composer Karl L. King’s march McKinley’s Own. Video of the performance is available online, with audio of the performance available on the Public Domain Day project website. The new edition, edited by Professor Alan Green and arranged by Scott A. Jones and Craig Levesque, was dedicated to the public domain through the CC0 waiver. The score and parts (imposed) are made available on the Public Domain Day project website.
  • November 4, 2019: Using Public Domain Materials in Your Teaching and Research. This workshop, offered by Copyright Services, provided participants with information and resources for identifying, finding, and using public domain text, images, and other creative works.
  • November 6, 2019: Safety Last! Film screening with the Wexner Center for the Arts. Safety Last!, released in 1923, is a silent film starring Harold Lloyd. This screening at the Wexner Center for the Arts featured a 1989 soundtrack composed by Carl Davis, with orchestration based on the line-up of the Paul Whiteman Orchestra of the 1920s and inspired by popular music of that era. The Ohio State University Libraries’ Silent Film Sheet Music Collection offers a number of musical scores that are arranged for the typical film theatre orchestras of the early 20th century. Three 1923 scores from that collection have been digitized and made available on the Public Domain Day project website. Scores from 1923 include:
    • Clark, C. Frederick, Midnight (Novelty Fox Trot)
    • Coots, J. Fred and Dave Ringle (arr. Ted Eastwood), Home Town Blues
    • Savino, Domenico, Misterioso all Valse (Dramatic Suspense)

On January 1, 2020, we will once again celebrate Public Domain Day. In 2020, we will welcome into the public domain works published in the United States in 1924. To keep up to date on new events offered in 2020 and to read more about the project, visit the Public Domain Day project website at go.osu.edu/Public DomainDay .

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By Maria Scheid, Copyright Services Coordinator at Copyright Services, The Ohio State University Libraries

Articles of Interest: January-June 2019

July 24, 2019 / / Comments Off on Articles of Interest: January-June 2019

This post highlights articles published in the first half of 2019 with a focus on copyright, especially as it pertains to libraries, higher education, and scholarly communication. Links to the full-text articles are provided; [OSU full-text] links will connect authenticated users through The Ohio State University Libraries, while [OA full-text] links point to an open access version of the article that should be available to all users.

Did we miss an interesting article? Please share the citation in the comments!

Copyright

Bow, C. & Hepworth, P.  (2019). Observing and Respecting Diverse Knowledge Traditions in a Digital Archive of Indigenous Language Materials. Journal of Copyright in Education and Librarianship, 3(1), 1-36. doi.org/10.17161/jcel.v3i1.7485 [OA full text]

Bunker, M. (2019) Decoding Academic Fair Use: Transformative Use and the Fair Use Doctrine in Scholarship. Journal of Copyright in Education and Librarianship, 3(1), 1-24. doi.org/10.17161/jcel.v3i1.6481 [OA full text]

Katz, R. (2019). A Pilot Study of Fan Fiction Writer’s Legal Information Behavior. Journal of Copyright in Education and Librarianship, 3(1), 1-29. doi.org/10.17161/jcel.v3i1.7697 [OA full text]

Harbeson, E. (2019). Thinking Globally About Copyright: ARSC at the World Intellectual Property Organization. ARSC Journal, 50(1), 100–107. [OSU full text]

Mallalieu, R. (2019). The elusive gold mine? The finer details of Creative Commons licences – and why they really matter. Insights: The UKSG Journal, 32, 1–7. doi.org/10.1629/uksg.448 [OSU full text] / [OA full text]

Rosenblatt, B. (2019). Blockchain: The Hype and the Reality. Publishers Weekly, 266(12), 26. [OSU full text]

Russell, C. (2019). Librarian of Congress appoints new Register of Copyrights. College & Research Libraries News, 80(5), 298. [OSU full text] / [OA full text]

Schumacher, S. (2019). Unlocking the Public Domain. Visual Resources Association Bulletin, 46(1), 1–11. [OSU full text] / [OA full text]

Weeramuni, L. (2019). How to Fight Fair Use Fear, Uncertainty, and Doubt: The Experience of One Open Educational Resource. Journal of Copyright in Education and Librarianship, 3(1), 1-21. doi.org/10.17161/jcel.v3i1.9751 [OA full text]

Legislation & Policy Developments

Abbott, N. (2019). Marrakesh Treaty in Action. Library Journal, 144(4), 32–34. [OSU full text]

Libraries

Coates, J. (2019). Copyright: More Copyright Reform for Libraries in 2019. InCite, 40(1/2), 22–23.  [OSU full text]

Lipinski, T. A., & Henderson, K. A. (2019). Legal Issues Surrounding the Collection, Use and Access to Grey Data in the University Setting: How Data Policies Reflect the Political Will of Organizations. Grey Journal (TGJ), 15(2), 77–90. [OSU full text]

Reed, J. B., & Jahre, B. (2019). Reviewing the Current State of Library Support for Open Educational Resources. Collection Management, 44(2–4), 232–243. doi.org/10.1080/01462679.2019.1588181 [OSU full text]

Schmidt, L. (2019). Library VHS in Danger: Media Preservation in Academic Libraries. Journal of Copyright in Education and Librarianship, 3(1), 1-23. doi.org/10.17161/jcel.v3i1.7109 [OA full text]

Towery, S., Price, A. N. & Cowen, K. E. (2019).  Video Streaming Licenses: Using a Decision Tree and Workflow Chart. Journal of Copyright in Education and Librarianship, 3(1), 1-32.  doi.org/10.17161/jcel.v3i1.7483 [OA full text]

Publishing & Scholarly Communications

Gumb, L. (2019). An open impediment: Navigating copyright and OER publishing in the academic library. College & Research Libraries News, 80(4), 202–215. doi.org/10.5860/crln.80.4.202 [OSU full text] / [OA full text]

Heaton, R., Burns, D., & Thoms, B. (2019). Altruism or Self-Interest? Exploring the Motivations of Open Access Authors. College & Research Libraries, 80(4), 485–507. [OSU full text] / [OA full text]

Prosser, D. (2019). Researchers: stop signing away your copyright. Research Information, (101), 36. [OSU full text]

Willinsky, J. & Rusk, M. (2019). If Research Libraries and Funders Finance Open Access: Moving beyond Subscriptions and APCs. College & Research Libraries, 80(3), 340–355. [OSU full text] / [OA full text]

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By Maria Scheid, Copyright Services Coordinator at Copyright Services, The Ohio State University Libraries.

2018 DMCA Section 1201 Exemptions Announced

March 20, 2019 / / Comments Off on 2018 DMCA Section 1201 Exemptions Announced

On October 26, 2018, the Librarian of Congress issued the final rule for the current exemptions to the section of the Digital Millennium Copyright Act that prohibits circumvention of technological measures that control access to copyright protected works. We have written before about this area of the law and the rulemaking process involved (see our post on the previous exemptions from the last triennial proceeding in 2015).

The Prohibition against Circumvention under Section 1201

Section 1201(a) of U.S. Copyright Law prohibits the circumvention (e.g., descrambling, decryption, or removal) of a technological measure employed on or behalf of a copyright owner that effectively controls access to the copyright protected work. In order to ensure that non-infringing uses of copyrighted works are not unnecessarily inhibited by the prohibition on circumvention, however, a rulemaking session is held every three years to identify exemptions for particular classes of works.

Exemptions are determined by the Librarian of Congress, upon recommendation from the Register of Copyright, and remain in effect for three years.[1] There is no presumption that that a previously adopted exemption will be readopted, but new to the seventh triennial proceeding was the introduction of a streamlined process to renew exemptions adopted in 2015.

2018 DMCA Exemptions

On October 26, 2018, the final rules from the most recent triennial proceeding were announced.[2] The final rule includes exemptions covering 14 classes of works. We have created a chart to summarize all of the exemptions for this rulemaking proceeding. Exemptions include:

  1.  Short portions of motion pictures (including television shows and videos) for purposes of criticism or comment;
  2.  Motion pictures (including television shows and videos), for the purpose of adding captions and/or audio descriptions by disability services offices or similar units at educational institutions for students with disabilities;
  3.  Literary works, distributed electronically, protected by TPM interfering with screen readers or other assistive technologies;
  4.  Literary works consisting of compilations of data generated by patient’s implanted medical devices and personal monitoring systems;
  5.  Computer programs that that operate cellphones, tablets, mobile hotspots, and wearable devices to allow connection to a wireless network (“unlocking”);
  6.  Computer programs that operate smartphones and all-purpose mobile computing devices, to enable interoperability or removal of software applications (“jailbreaking”);
  7.  Computer programs that operate smart TVs for the purpose of enabling interoperability with computer programs on the smart television;
  8.  Computer programs that enable voice assistant devices to enable interoperability or removal of software applications;
  9.  Computer programs contained and controlling function of motorized land vehicles to allow diagnosis, repair, or modification of a vehicle function;
  10.  Computer programs that control smartphones, home appliances, or home systems to allow diagnosis, maintenance, or repair of the device or system;
  11.  Computer programs, for purposes of good-faith security research;
  12.  Video games in the form of computer programs, where outside server support has been discontinued, to allow individual play and preservation by an eligible library, archive, or museum;
  13.  Computer programs, except videos games, no longer reasonably available in commercial marketplace, for preservation by eligible libraries, archives, and museums; and
  14.  Computer programs operating 3D printers, to allow use of alternative feedstock.

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Articles of Interest: July-December 2018

January 23, 2019 / / Comments Off on Articles of Interest: July-December 2018

This post highlights articles published in the second half of 2018 with a focus on copyright, especially as it pertains to libraries, higher education, and scholarly communication. Links to the full-text articles are provided when available; [OSU full-text] links will connect authenticated users through The Ohio State University Libraries, while [OA full-text] links point to an open access version of the article that should be available to all users.

Did we miss an interesting article? Please share the citation in the comments!

Copyright

Boettcher, J. C. & Dames, K. M. (2018). Government Data as Intellectual Property: Is Public Domain the same as Open Access? Online Searcher, 42(4), 42–48. [OSU full text]

Charlton, J. (2018). New European Copyright Directive Courts Controversy. Information Today, 35(9), 15. [OSU full text]

Christou, C. (2018). Where to Learn About Copyright. Information Today, 35(7), 1–27. [OSU full text] / [OA full text]

Courtney, K. K. (2018). The state copyright conundrum: What’s your state government’s rule on copyright? College & Research Libraries News, 79(10), 571–574. [OSU full text] / [OA full text]

Ensign, D. (2018). Copyright Corner: Blockchain and Copyright. Kentucky Libraries, 82(3), 4–5. [OSU full text]

Pike, G. H. (2018). Who Owns the Law? Information Today, 35(6), 18. [OSU full text]

Teixeira da Silva, J. A. (2018). The Issue of Comment Ownership and Copyright at PubPeer. Journal of Educational Media & Library Sciences, 55(2), 1–15. [OSU full text] / [OA full text]

Wingo, R. S., Logsdon, A., & Schommer, C. (2018). Going viral: Copyright lessons from Max the Cat. College & Research Libraries News, 79(7/8), 350–353. [OSU full text] / [OA full text]

Libraries

Capell, L. and Williams, E., 2018. Implementing RightsStatements.org at the University of Miami Libraries. Journal of Librarianship and Scholarly Communication, 6(1), p.eP2254. doi.org/10.7710/2162-3309.2254 [OA full text]

Ensign, D. (2018). Copyright Corner: Public Lending Rights. Kentucky Libraries, 82(4), 2–3. [OSU full text]

Hansen, D. R., & Courtney, K. K. (2018, September 24). A White Paper on Controlled Digital Lending of Library Books. doi.org/10.31228/osf.io/7fdyr [OA full text]

Radniecki, T. (2018). Intellectual Property in the Makerspace. Journal of Library Administration, 58(6), 545–560. doi.org/10.1080/01930826.2018.1491178 [OSU full text] / [OA full text]

Publishing & Scholarly Communication

Bolick, J. (2018). Leveraging Elsevier’s Creative Commons License Requirement to Undermine Embargoes. Journal of Copyright in Education and Librarianship, 2(2), 1-19. doi.org/10.17161/jcel.v2i2.7415 [OA full text]

Herr, M., 2018. The Rights Provisions of a Book Publishing Contract. Journal of Librarianship and Scholarly Communication, 6(1), p.eP2273. doi.org/10.7710/2162-3309.2273 [OA full text]

Kohn, A. and Lange, J., 2018. Confused about copyright? Assessing Researchers’ Comprehension of Copyright Transfer Agreements. Journal of Librarianship and Scholarly Communication, 6(1), p.eP2253. doi.org/10.7710/2162-3309.2253 [OA full text]

Lewis, C. (2018). The Open Access Citation Advantage: Does It Exist and What Does It Mean for Libraries? Information Technology & Libraries, 37(3), 50–65. doi.org/10.6017/ital.v37i3.10604 [OSU full text] / [OA full text]

Xu, H. (2018). Obstacles for Faculty using Open Educational Resources and Solutions. Texas Library Journal, 94(3), 85–87. [OSU full text]

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By Maria Scheid, Copyright Services Coordinator at Copyright Services, The Ohio State University Libraries.

The Wait is Over! Public Domain Day 2019

January 1, 2019 / / Comments Off on The Wait is Over! Public Domain Day 2019

What do F. Scott Fitzgerald, Agatha Christie, Buster Keaton, and Jelly Roll Morton all have in common? They all have works that are entering the public domain in the U.S. today on Public Domain Day!

Today is Public Domain Day and this year’s celebration is a special one for those of us in the United States. After a 20-year pause, works published in the United States will once again be entering the public domain on a rolling basis. This year, we welcome works first registered or published in the United States in 1923.

As public domain works, these books, films, compositions, and works of art can be used without copyright restrictions. This means, for example, that instructors can make copies of literary works for their students, ensembles can create new arrangements and publicly perform musical works, and students can adapt and remix works freely into their own projects and assignments. Works in the public domain can be used to encourage and support learning, scholarship, and creative endeavors.

Why the 20-year wait?

Copyright protects many different types of creative works, including books, film, music, and art. And while the U.S. Constitution requires copyright be granted only for “limited Times,” the term of copyright protection has increased over the years. In 1998, Congress passed the Copyright Term Extension Act (CTEA), which extended the term of protection for published works by an additional 20 years. For works published before 1978, this meant a term of protection of 95 years from publication date. We have now reached the point where eligible works are reaching the 95-year mark.

In addition to these published works, we will see certain unpublished works enter the public domain in the U.S. on this day; specifically, unpublished works from authors who died during 1948 and unpublished works created in 1898 for anonymous and pseudonymous authors and works made for hire, and unpublished works when the date of the author’s death is unknown.[1]

Celebrating the Public Domain at OSU

Copyright Services has collaborated with partners across OSU to share public domain works in the University Libraries collections, focusing on musical compositions published or registered in the U.S. in 1923. Tomorrow, January 2, you can visit the Public Domain Day Project website (go.osu.edu/PublicDomainDay) to learn more about the partners involved in this project, the events planned for 2019, our plans for releasing new recordings of select musical works (to be dedicated to the public domain via Creative Commons CC0), and to access music scores and audio. New works will be added throughout 2019.

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By Maria Scheid, Copyright Services Coordinator at Copyright Services, The Ohio State University Libraries

[1] Depending on the work you are dealing with, there may be some additional considerations in determining the copyright status of a work. Two great resources for thinking through copyright term and public domain are the American Library Association’s Public Domain Slider and Peter Hirtle’s Copyright Term and the Public Domain in the United States chart.

 

Public Domain Christmas Songs

December 21, 2018 / / Comments Off on Public Domain Christmas Songs

It’s that time of year when Christmas lights are strung and ugly sweaters are worn. When singing along with your favorite carols have you ever thought of the copyright status behind these famous songs?

Here are nine well known Christmas songs that are in the public domain.

Away in a Manger

Once rumored to have been authored by theologian Martin Luther, this carol made an early appearance in 1882. Originally titled “Luther’s Cradle Song” an anonymous author attributed the song as one Luther wrote for his children. This was dispelled for a number of reasons, and a source states the song may have instead been associated with a celebration for the 400th anniversary of Luther’s birth in 1883. There are two musical settings commonly assigned with the lyrics, one by William J. Kirkpatrick (1895) and the other by James Ramsey Murray (1887). In 1996 it was ranked as the second most popular carol in Britain. The text of the song is based on verses from Luke 2:4-7. Source: Away in a Manger

Deck the Halls

Originally titled Deck the Hall, this is a Welsh melody that dates back to the 16th century. The famous chorus ‘fa la la la la’ may date to the medieval period, while the modern English lyrics were written by Scottish musician Thomas Oliphant in 1862. The melody comes from a traditional Welsh carol “Nos Galan”, a traditional New Year’s Eve ballad. The plural of ‘hall’ was first published in 1892. Source: Deck the Halls Song History

Jingle Bells

Perhaps one of the most well-known Christmas songs, Jingle Bells was originally written for the Thanksgiving season by James Lord Pierpont in 1857. It was copyrighted as One Horse Open Sleigh, but the name was revised when it was published in 1859 as “Jingle Bells, or the One Horse Open Sleigh”. The title comes from the common practice of placing bells on a horse’s harness to avoid collisions because a horse drawn sleigh makes little noise. Jingle Bells was the first song broadcast from outer space when two astronauts on Gemini 6 performed the song aboard the spacecraft in 1965 after reporting a sleigh like object in the polar orbit. Source: 8 Things You May Not Know About “Jingle Bells”

Jingle Bells sheet music

Pierpont, J, and J Pierpont. The One Horse Open Sleigh. Oliver Ditson, Boston, monographic, 1857. Notated Music. https://www.loc.gov/item/sm1857.620520/

Silent Night

Translated from the German “Stille Nacht, heilige Nacht”, the song was composed by Franz Xaver Gruber, a schoolmaster, with lyrics by Father Joseph Mohr, in Oberndorf bei Salzburg, Austria in 1818. Bing Crosby’s version is the third bestselling single of all time, and the song was declared an intangible cultural heritage by UNESCO in 2011. Silent Night, as we know it today was translated to English in 1859 by John Freeman Young, an Episcopal priest. Source: Silent Night

Up on the House Top

Written by Benjamin Hanby in 1864, Up on the House Top was considered the first Christmas song to focus primarily on Santa Claus. Sources credit Hanby’s inspiration for the song as Clement C. Moore’s 1822 poem “A Visit from St. Nicholas”, commonly known as “The Night Before Christmas”. The song was originally titled Santa Claus and meant to be performed as a sing along. According to The Christmas Carol Reader it is the second oldest secular Christmas song, only surpassed by Jingle Bells. Source: Up on the Housetop

Toyland

Written for the 1903 operetta Babes in Toyland, the whimsical song features a cast of Mother Goose characters in a magical toy filled land. The lyrics were written by Glenn MacDonough with music by Victor Herbert. The lyrics of the song have no direct ties to Christmas or the holiday season, but the spirit of the song, the happiness toys bring to children, has been associated with Santa Claus. The operetta has been adapted into 4 films of the same title, beginning in 1934 to the most recent animated version in 1997. Source: Babes in Toyland

The Twelve Days of Christmas

One of the most well-known cumulative songs, the carol describes an increasingly grand set of gifts for the twelve days of Christmas, beginning Christmas Day. The song was first published in 1780 without any music, and has a Roud Folk Song Index of 68. The standard tune it is now associated with was derived from a 1909 arrangement by Frederic Austin. In one 19th century variant, the gifts come from “my mother” rather than “my true love”.  PNC Financial annually calculates the total cost of all the gifts presented in the song, and the estimate for 2018 total comes to $39,0094.93. Source: The Twelve Days of Christmas Explained

We Wish You a Merry Christmas

The famous greeting which gives name to the song, “a merry Christmas and a happy New Year” is recorded from 18th century England. The song is a nod to the dynamic between the rich and poor, and describes townspeople parading the steps of the rich calling for figgy pudding and refusing to leave until it was delivered. The modern popularity of the song comes from a Bristol based composer Arthur Warrell, who arranged the song for the University of Bristol Madrigal singers in 1935. The very early history of the carol is unknown; it is notoriously missing from popular song books of the 18th and 19th centuries. Source: We Wish You a Merry Christmas

O Christmas Tree

Also known as O Tannenbaum, O Christmas Tree is a German Christmas song; a tannenbaum is the German word for a fir tree. The modern lyrics were written in 1824, and instead of referring to Christmas, reference the evergreen as a symbol of constancy and faithfulness. The custom of Christmas trees developed throughout the 19th century, and the song became associated with the holiday. The song was famously used in the 1965 television special A Charlie Brown Christmas. Source: O Christmas Tree: Lyrics and Chords

 

Copyrighted Christmas Songs

Unfortunately the songs listed below are still under copyright protection so we’ll have to wait a little while before they enter the public domain.

Winter Wonderland
Written: 1934
Public Domain: 2030

Rudolph the Red Nosed Reindeer
Written: 1939
Public Domain: 2035

Frosty the Snowman
Written: 1950
Public Domain: 2046

Jingle Bell Rock
Written: 1957
Public Domain: 2053

Rockin’ Around the Christmas Tree
Written: 1958
Public Domain: 2054

Little Saint Nick
Written: 1963
Public Domain: 2059

Holly Jolly Christmas
Written: 1964
Public Domain: 2060

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By Allison DeVito, Copyright Services Specialist at Copyright Services, The Ohio State University Libraries

 

 

 

Back to the Basics with Copyright Law

August 3, 2018 / / Comments Off on Back to the Basics with Copyright Law

Today is the 9th anniversary of the Copyright Corner blog, with the first post (Why Copyright Education?) published back in August of 2009. Since then, we’ve had posts covering a wide-range of issues; from copyright protection for patterns and DMCA exemptions to copyright issues faced by units across OSU Libraries and tips on finding a copyright owner. For this post, we are going back to the basics and looking at some of the fundamentals of copyright law in the United States.

Why do we have copyright?

There are a number of theories on the purpose of copyright. Countries may have laws that encompass one or more of these theories.

One common theory for the purpose of copyright is utilitarian. Under this theory, we provide authors a copyright in the works they create as an incentive to create and disseminate new works. The law is organized to promote the collective welfare of society, but recognizes that unless creators can recoup the costs involved in the creation and dissemination of their works, they won’t produce the works. Copyright gives to authors and creators exclusive rights in the works they create, which in turn allows them to suppress competition for a limited time.

Much of U.S. copyright law seems to align with this theory, with Article I, Section 8, Clause 8 of the U.S. Constitution granting Congress the power “to Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries.”

Another theory for the purpose of copyright is the author’s rights theory. Under this theory, the primary purpose of copyright is to recognize and protect the emotional bond between artists and their creations, acknowledging creative works as manifestations and extensions of their author’s personality. Countries whose laws are influenced by this theory may provide moral rights for authors and creators that exist separately from economic rights.

What exactly is copyright and how do you get it?

Copyright is a legal right that allows creators and authors the ability to control certain uses of their works. The owner of a copyright has a number of exclusive rights that are provided under the law (these rights are discussed below).

In the U.S., copyright protects original works of authorship that are fixed in a tangible medium of expression and copyright exists at the moment of fixation. In other words, copyright protection is automatic.

Including a copyright notice (e.g., © 2018 The Ohio State University) is optional for works created today but there can be some advantages to including a notice on your copyrighted work. And registration with the U.S. Copyright Office? That’s also an optional step that provides some important benefits to copyright holders.

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