Friday, August 7, 2015

Copy Right Law Commonly Asked Questions About Public Domain

I am sharing this great information to other writers. If you like it please follow me, like my book page and buy one of my books. Everyone gets a donation or reward for their time by sharing good things for people on the internet. I took a lot of time to search and understand copyright.

Info is referred:
1. If a work doesn’t have a copyright notice on it, it’s in the public domain.
Not necessarily. Copyright notices have been optional since March 1, 1989, when the US joined the Berne Convention. Under the current Copyright Act, copyright protection is automatic. As soon as a work is “fixed in a tangible medium of expression” (written down, recorded, painted, etc.) it’s protected. No notice is required.
More info on The Berne law (treaty) https://en.wikipedia.org/wiki/Wikipedia:Public_domain
So if the work was created after March 1, 1989, it’s definitely protected by copyright — with or without a notice — unless the owner has given up his or her rights. If the work was created before March 1, 1989 and doesn’t have a copyright notice on it, it may or may not be protected. Why? If it was published without a copyright notice before March 1, 1989, the copyright might still be valid. You would need to do a bit of research to be certain of the work’s copyright status.
Yay, my books have extra copyright protection. Please check them out on Amazon.
"Blueber Goober The Monster In My Closet!"
A fun fun book!  Moving is hard but making new friends can be a blast especially with a monster as your new BFF.

my other book "Jack The Bear And Golden Hair"
If you like "Winnie The Pooh" & "Rudolph The Red Nose Reindeer" you love the new beloved fairy tale about a royal bear & a little girl. Did I mention sneaky wolves and an evil Queen who puts a curse on The Ever Ever Forrest? http://www.amazon.com/Jack-The-Bear-Golden-Hair-ebook/dp/B010E479GE
2. If a work has a copyright notice on it, it’s not in the public domain.
They have Copyleft an arrangement whereby software or artistic work may be used, modified, and distributed freely on condition that anything derived from it is bound by the same condition.
It still might be in the public domain. How? There are two ways. First, if the work was published in the US during the years 1923 through 1963, the copyright had to be renewed 28 years later or the work entered the public domain. The copyrights for many works were not renewed. You would need to check copyright renewal records to be sure.
Second, the copyright notice might be a fraudulent. False copyright claims are all too common these days, unfortunately. Many organizations such as music publishers, book publishers, and museums put copyright notices on reprints and photographic reproductions of public domain works.
So remember, just as the absence of a copyright notice doesn’t necessarily mean a work is in the public domain, the presence a copyright notice doesn’t necessarily mean the work is protected by copyright.
3. If a work is in the public domain I don’t need to get permission from anyone, no matter how I want to use it.
You might need permission. Most works in the public domain really and truly are free for you to use. But here’s the catch: the subject of the work and the way you use it could matter. If you intend to make commercial use of a public domain work that has a recognizable person as its subject, you’d best avoid violating their rights of publicity and privacy.
Also, some public domain art works may be protected as trademarks, or include trademarks. Although a fairly recent Supreme Court case PDF icon limited the extent to which trademark law can be used to restrict the use of works in the public domain, you would be well advised to steer clear of using the work as a trademark.
There’s one more thing to watch out for here. If the work in question is a sound recording, even if it’s in the public domain outside the US it can (and probably will) be protected under state laws here
4. Posting a video to YouTube puts it in the public domain.
No, it doesn’t. People seem to think that because the public can access videos on YouTube, for free, the vids are in the public domain. (I suppose this follows from the “everything on the Internet is public domain” misconception.) They’re in a public space, true, and people don’t have to pay to see them, but that doesn’t affect copyright.
You do in fact retain copyright in your video when you post it to YouTube (that would beyour video, not your Stephen Colbert clip). But by posting it you grant YouTube a license to do pretty much whatever it wants with your work. That includes sublicensing it to others and modifying it (making derivative works). The license terminates within “a commercially reasonable time” once you remove your work from the YouTube site. And you still own the copyright.
5. Books that are out of print are in the public domain.
Not necessarily. Out of print doesn’t mean the book’s copyright has expired. Copyright protection lasts for a certain term whether or not the work is in print and being sold. Rights under copyright law aren’t like trademark rights, which depend on continuous use in commerce. Unless the copyright owner has clearly and unambiguously given up copyright protection, the work is protected for the duration of its copyright term whether it’s in print or not.
6.  If I republish or repackage a public domain work, I can claim copyright in it.
There is a limit to what you can copyright in this case. When you add your own stuff to a public domain work, only the stuff you add may be protected by copyright. And then only if it meets the law’s originality and creativity requirements.
It’s misleading to say that you can “protect your public domain project from being stolen, with full legal protection,” as I’ve seen one Internet marketing “guru” do. Why? Because the underlying work will always be in the public domain. If a work is in the public domain you cannot claim a copyright in it. If you made a CD or DVD (or whatever) from it ... so can others. Not only that, but they’re free to do a better job, or add more value, or sell their product for less. Period.
 7.Statues and other art works on federal property are in the public domain.
Not necessarily. Ownership of the work itself (the statue or painting, etc.) and ownership of the copyright in the work aren’t the same thing. Here’s an example. The US government owns the Vietnam Women’s Memorial (the sculpture itself) and the work is on federal property, but the government does not own the copyright.
The Vietnam Women’s Memorial Foundation owns the copyright. The artist, Glenna Goodacre, transferred the copyright to the Foundation’s predecessor, the Vietnam Women’s Memorial Project, Inc., in 1993. So, if you wanted to make commercial use of the sculpture (say, selling photos of it or putting its image on coffee mugs) you’d have to get permission.
8. All US government works are in the public domain.
The key word in this misconception is “all.” Works created by US government employeesas part of their official duties are in the public domain. Absolutely. But don’t assume that all US government works are. If the government hires an independent contractor to create a work for it, that independent contractor may retain copyright. Not only that, but some government organizations like the Smithsonian Institution and the US Postal Service can, and do, claim copyright in their works.
9. Statues and other art works on federal property are in the public domain.
Not necessarily. Ownership of the work itself (the statue or painting, etc.) and ownership of the copyright in the work aren’t the same thing. Here’s an example. The US government owns the Vietnam Women’s Memorial (the sculpture itself) and the work is on federal property, but the government does not own the copyright.
The Vietnam Women’s Memorial Foundation owns the copyright. The artist, Glenna Goodacre, transferred the copyright to the Foundation’s predecessor, the Vietnam Women’s Memorial Project, Inc., in 1993. So, if you wanted to make commercial use of the sculpture (say, selling photos of it or putting its image on coffee mugs) you’d have to get permission.
Pictures in Public domain
http://www.publicdomainpictures.net/
http://www.photos-public-domain.com/
http://www.photos-public-domain.com/category/animals/giraffes/
http://publicphoto.org/c/animals/page/4/
http://publicphoto.org/c/animals/page/5/
http://publicphoto.org/c/animals/page/6/
http://publicphoto.org/c/animals/page/9/
http://www.makeuseof.com/tag/6-free-websites-public-domain-images-free-stock-photos/
Publicdomanipictures.net
Wikipedia Commons public domain image resources listed on Wikipedia

Image After

morgueFile. slow but if you like it :) use it!

Flickr

Flickr search using the advanced search feature, you can search only photos with a Creative Commons license that allows you to use the content commercially and/or modify, adapt, or build upon the content. These two licenses in combination essentially make the image ‘public domain’ in that you can use it for anything. However, the license restriction is that you have to credit the original creator. Which should should! Hello that is a beautiful thank you. Especially to budding artists and the next Harry Potter hopeful which I hope is me. I am Cinderella in the first act and I want to go to act II. You should see my hair it desperately needs Jennifer Aniston's stylist to give it love. Chris McMillian I hope will take me as his client in the future. 
10. If I republish or repackage a public domain work, I can claim copyright in it.
There is a limit to what you can copyright in this case. When you add your own stuff to a public domain work, only the stuff you add may be protected by copyright. And then only if it meets the law’s originality and creativity requirements.
It’s misleading to say that you can “protect your public domain project from being stolen, with full legal protection,” as I’ve seen one Internet marketing “guru” do. Why? Because the underlying work will always be in the public domain. If a work is in the public domain you cannot claim a copyright in it. If you made a CD or DVD (or whatever) from it ... so can others. Not only that, but they’re free to do a better job, or add more value, or sell their product for less. Period.
http://www.publicdomainsherpa.com/10-misconceptions-about-the-public-domain.html
This is a very very smart person. I don't know how you donate to him but he knows alot.

More more more places to look for photos :)
http://www.makeuseof.com/tag/top-5-websites-for-free-stock-photographs/
Freerange, thousands of high-resolution stock photos will be at your fingertips at no cost. All of the website’s images can be used for personal or commercial projects.

Stockvault

With over 13,000 free copyright free photos, Stockvault connects designers and photographers. The photo sharing website offers all of its images for absolutely free personal or non-commercial use.
FreeDigitalPhotos neatly organizes its thousands of photos into easy-to-find categories and sub-categories. Every image is available for free download but if you want a larger version or a high-resolution version, they’re priced at $5 and $10, respectively.
earching for open content is an important function enabled by our approach. You can useGoogle to search for Creative Commons content, look for pictures at Flickr, albums atJamendo, and general media at spinxpress. The Wikimedia Commons, the multimedia repository of Wikipedia, is a core user of our licenses as well.
Taken together, these three layers of licenses ensure that the spectrum of rights isn’t just a legal concept. It’s something that the creators of works can understand, their users can understand, and even the Web itself can understand.
Some things to look at for contracts when using public domains
http://www.freeimages.com/photo/red-panda-1376531   free
Free Vector art  
http://www.makeuseof.com/tag/10-best-websites-free-vector-art-downloads/
http://websearch.about.com/od/freevideos/tp/public-domain-images.htm
https://www.flickr.com/commons
http://www.makeuseof.com/tag/add-some-glamour-with-royalty-free-images/
http://websearch.about.com/od/freevideos/tp/public-domain-images.htm
    look here from above
http://www.fromoldbooks.org/
http://digitalcollections.nypl.org/
http://photos8.com/  The Free License In Short: The Free License is for a small image file (500 x 333 Pixels) and this is image is free of charge, If you use any free image, you must publish an acknowledgement to PHOTOS5.com on the same page or screen where the image is used. If you are unwilling or unable to publish an acknowledgement, you must purchase the image to avoid this requirement. This is mandatory and forms part of the user agreement.

My free creative common 3 Pandas 
http://pdphoto.org/PictureHome.php?md=q&q=red
Please follow my blog. Thank you. I spend hours and hours of research to find good things that educate and help people. These links also help you as artist to make money as well. If you are a photographer you get money for putting up free stock and get revenue share!!!! The new gold is giving stuff away. I have to give my book away on Amazon for free as well as summer sale for 99 cents. 
I hope you buy my books as it took a long time to get them edited to share with kids. They are beautiful stories written from the heart and each has a great moral or lesson. And did I mention cute talking animals.
"Blueber Goober The Monster In My Closet!"
A fun fun book!  Moving is hard but making new friends can be a blast especially with a monster as your new BFF.

my other book "Jack The Bear And Golden Hair"
If you like "Winnie The Pooh" & "Rudolph The Red Nose Reindeer" you love the new beloved fairy tale about a royal bear & a little girl. Did I mention sneaky wolves and an evil Queen who puts a curse on The Ever Ever Forrest? http://www.amazon.com/Jack-The-Bear-Golden-Hair-ebook/dp/B010E479GE
                     My charity is Dog Shelters in Los Angeles!!!
 

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