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Public Domain Cases

The Public Domain is a great resource for content creation but artists need to be careful that images are actually in the public domain. If you get an image from a reputable source such as the New York Public Library or the public domain or the Prelinger Archives external link , you can be reasonably assured that the content is really in the public domain. But if you use less reputable sources such as a search engine, you may find things that people have uploaded and claim to be in the public domain, but that are really copyrighted works created by others.

An example of this is when, B.J. Novak, an actor from the sitcom The Office had an image of their face added to a public domain repository and it was incorrectly tagged as public domain. Then many advertising agencies started to use their image without permission on products.1

Fair Use

Fair-Use is a special part of the United States Copyright Act that allows the use of copyrighted works under certain circumstances.

Documentary Filmmakers Statement of Best Practices in Fair Use external link

CAA Fair Use external link

CAA Interview with Suzanne Preston Blier on Fair Use external link - Used images of Picasso’s Demoiselles in a book and relied on fair use rather than image rights permissions.

Picasso images French vs US Court rulings external link French courts found that the use of the photographs of Picasso’s work was infringing but US courts said that it was fair use.

Copyright does not protect ideas. Anyone can make a collector’s card game that features mythical creatures, with magical powers. These powers could be written down as stats or attributes on the cards. Players could use the cards to pit their collection of creatures against another player. One of the goals could be to gather as many creatures as possible by using a spherical device to trap them. there could be television and merchandising spin offs featuring some of the popular creatures from the card game. Anyone can use this idea, since ideas are not protected by copyright, they just can’t call it “Pokémon” or use any of the specific “tangible” or “fixed” forms of ideas from “Pokémon”.

Additionally, copyright also does not offer protections for:

§ 202.1 Material not subject to copyright. The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained:

(a) Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents;

(b) Ideas, plans, methods, systems, or devices, as distinguished from the particular manner in which they are expressed or described in a writing;

(c) Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms and the like, which are designed for recording information and do not in themselves convey information;

(d) Works consisting entirely of information that is common property containing no original authorship, such as, for example: Standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources.

(e) Typeface as typeface.

2

For more information about what is not protected by copyright, see “Works Not Protected by Copyright” (Circular 33).3

It is important to read the actual claims in copyright and fair use lawsuits. Often the sensational descriptions of cases portrayed in the media have little resemblance to the specific leagal issues debated in each case. Below are court filings for photo copyright lawsuits and court cases.

Plagiarism Examples

Plagiarism is not just something that you learn not to do in school, it really happens and can ruin your career and reputation. Below are examples of plagiarism in the professional world with real consequences.

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References

  1. Lukpat, Alyssa. B.J. Novak’s Face Is on Products Worldwide. He’s Not Sure Why external link New York Times. October 27, 2021. ↩︎

  2. § 202.1 Material not subject to copyright. external link US Copyright Office. GPO Electronic Code of Federal Regulations (e-CFR) ecfr.gov external link  ↩︎

  3. Works Not Protected by Copyright external link Circular 33. United States Copyright Office. ↩︎

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