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Public Domain Day 2014

An anonymous reader writes "What could have been entering the public domain in the US on January 1, 2014? Under the law that existed until 1978.... Works from 1957. The books On The Road, Atlas Shrugged, Empire of the Atom, and The Cat in the Hat, the films The Incredible Shrinking Man, The Bridge on the River Kwai, and 12 Angry Men, the article "Theory of Superconductivity," the songs "All Shook Up" and "Great Balls of Fire," and more.... What is entering the public domain this January 1? Not a single published work."

25 of 225 comments (clear)

  1. It's for the best by Anonymous Coward · · Score: 3, Funny

    See, if those works had entered the public domain, the private owners would never profit off of them.

    And that's very important you know. Look how much money that Atlas Shrugged movie made for Ayn Rand!

    1. Re:It's for the best by Anonymous Coward · · Score: 4, Funny

      Please take your Socialist bullshit somewhere else. Without Atlas Shrugged, we would not have nearly the same amount of stiff resistance to the current administrations redistributionist anti-business agenda.

    2. Re:It's for the best by alexander_686 · · Score: 3, Insightful

      I will bite. A fixed term for copyright is best.

      Copyright gives value to a work, value dictates price, and price allocates scarce resources. If copyright expired with the death of the author, works made by people who die tragically young are worth less than those who just keep on going. Works written by older people – who have less life – are worth less than younger people.

      There are older folks that I want to hear more of. There are older folks living off a one hit wonder from 50 years ago. This seems to me arbitrary and capricious. The value of a work should not be swayed by how much life is left in the author.

  2. Would it matter? by DoofusOfDeath · · Score: 3, Interesting

    IIRC, U.S. courts recently decided that public-domain works could have their copyrights reinstated post facto.

    If anything from Disney did ever accidentally enter the public domain, Congress would fix that in short order.

  3. Sherlock Holmes by innocent_white_lamb · · Score: 5, Informative

    Actually, Sherlock Holmes is finally in the public domain. It took a court order to shake it loose, though.

    http://www.latimes.com/books/jacketcopy/la-et-jc-new-sherlock-holmes-copyright-20131230,0,5610784.story

    --
    If you're a zombie and you know it, bite your friend!
  4. it keeps us safe by Anonymous Coward · · Score: 5, Funny

    At least we are safe from a bunch of pseudo-libertarian amateur filmmakers creating their own personal "Atlas Shrugged" movies.

    1. Re:it keeps us safe by crunchygranola · · Score: 3, Funny

      Yes, we must leave this to the professional film makers who absolutely did not release two nearly unwatchable Atlas Shrugged movies already...

      They are simply being true to their source material. An unreadable book should translate to an unwatchable movie.

      --
      Second class citizen of the New Gilded Age
    2. Re:it keeps us safe by Anonymous Coward · · Score: 5, Interesting

      I have found that those most critical of Ayn Rand, and Atlas Shrugged in particular, have typically never read it. While it's a mildly interesting dystopian future novel, I've never fully understood either the praise or criticism it receives. For example you call it "unreadable", but I found it quite readable. It needed a better editor to trim out the fat, but you could say that about any James Michener novel as well. Her characters are one dimensional, especially the antagonists of the novel. That is probably my biggest gripe. Meanwhile some people seem to treat it like the Bible or similar. I read it once, and that was enough for me. I don't take my political ideology from novelists. I certainly don't pick and choose my reading material based on the ravings of left wing and right wing lunatics. So I can't understand how it is so influential, unless those who criticize it fear what it represents, and those who praise it can't think for themselves.

  5. Come on, do you really want stuff like this? by Impy+the+Impiuos+Imp · · Score: 3, Interesting

    The books On The Road, Atlas Shrugged, ..., and The Cat in the Hat, the films The Incredible Shrinking Man

    "Hurry!" Dagny Taggart moaned. "Before he gets any smaller!"

    The strange cat in the hat grabbed the incredible shrinking man, who struggled mightily, but, being the size of a Barbie doll, could put up little resistance. "I'm gay, don't do this to me!"

    "Tough shit, little man! I know it is wet and the sun is not sunny, but we can have lots of good fun that is funny.” He took him and and slowly eased him feet first up ins

    GOD DAMN IT, this stuff is not public domain. Nevermind.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  6. So who's got a torrent? by mrchaotica · · Score: 5, Interesting

    It may still be illegal to download these things, but it's now much more difficult to argue that it's unethical to do so. Distributing these works should be considered an act of civil disobedience.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:So who's got a torrent? by DoofusOfDeath · · Score: 4, Interesting

      At least for Christians, it may be unethical to ignore bad copyright rules. In the Christian New Testament, St. Peter's first letter contains this passage:

      "Be subject for the Lord's sake to every human institution, whether it be to the emperor as supreme, or to governors as sent by him to punish those who do evil and to praise those who do good. For this is the will of God, that by doing good you should put to silence the ignorance of foolish people. Live as people who are free, not using your freedom as a cover-up for evil, but living as servants of God. Honor everyone. Love the brotherhood. Fear God. Honor the emperor."

      A noteworthy thing here is that the letter carves out no exception regarding stupidly justified laws. (There are plenty of other places in the Bible that make it clear that it's okay for followers of God to disobey evil laws, however.)

    2. Re:So who's got a torrent? by DutchUncle · · Score: 4, Funny

      Did you just violate copyright on the Bible??????

  7. And none ever will again by TWiTfan · · Score: 5, Insightful

    Thanks to Disney and others, the very idea of works EVER entering the public domain will eventually become a relic.

    --
    The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    1. Re:And none ever will again by TWiTfan · · Score: 5, Informative

      I don't know who the fuck modded this down (Disney fan maybe??), but I'm dead serious. Back in the day, I used to teach my students the in-and-outs of copyright law (75 years plus, or whatever the hell the law happened to be at any given time). But since the 90's, I just tell them that anything that anything published from 1923 onwards will always be under copyright.

      --
      The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    2. Re:And none ever will again by dkleinsc · · Score: 5, Informative

      And the real irony is that Disney built its animated empire on stories in the public domain:
      - Snow White? Grimm's Fairy Tales.
      - Pinocchio? Carlo Collodi, 1880.
      - Fantasia? Classical music from the public domain. The highlight, the Sorcerer's Apprentice, is from Goethe in 1798.
      - Bambi? Nope, they stole that one too, from a 1923 work of Felix Salten
      - Cinderella? That was written about 1700.
      - Alice in Wonderland? Lewis Carroll, of course.

      Basically, if it's a "Disney princess", they almost definitely stole the character from somewhere else.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  8. They Should Lose Public Protection by maverickgunn · · Score: 5, Interesting

    The entire purpose of copyright was to serve as an incentive for creators to add to the public wealth of knowledge and art. It was mutually beneficial: they get public protection for their work, and the public receives high quality art.

    The corruption of copyright by the likes of Disney and other mega-conglomerates has polluted that purpose. Now, copyright is a legal bludgeon used to deprive the public of its culture while perpetually forcing them to pay to get it back.

    If they want perpetual ownership of their work, they should lose any public or legal protections of it: it's quid pro quo, and if they are unwilling to hold up their end, they should be required to hold up both.

    1. Re:They Should Lose Public Protection by maverickgunn · · Score: 5, Informative

      And this still works perfectly well today, thank you very much.

      Perfectly well? Really? Do you realize how many works are completely lost, from film, to music, to software to any other creative field simply because they never entered the public domain and copyright holders either disappeared or held them tightly in their grasp? On top of that, you have corporations like Disney whose entire existence was built on the works of others now abusing that same privilege to deprive future generations of their own creativity.

      I wouldn't call either of those things "perfectly well".

      Defending property rights of the citizenry is among the top tasks of any government.

      Intellectual property is only "property" because the government, our government, labeled it as such. It shares little in common with actual property: it's not tangible, it doesn't degrade and it's not limited in quantity or duplication. Were it not for the public invention of protecting it, it would have no inherent protections. So if we receive no public benefit, why should we spend public resources defending it for them?

      Are you "deprived" of food, because you have to pay for it?

      Of course you are. That's an obvious statement. But it's an entirely different situation because food is a tangible product limited in quality and quantity. It has inherent protections intellectual property does not so comparing the two is asinine.

    2. Re:They Should Lose Public Protection by Anonymous Coward · · Score: 3, Insightful

      > And this still works perfectly well today, thank you very much.
      Not really. Look at Disney's portfolio again. None of their early work would have been legal had they not had public domain stuff to copy. So they would have made NO new art. That is where many people are today. Unable to use parts of out very culture because someone owns it. Copyright is harming the vast majority of people's ability to create art in order to enrich a few, entrenched entities'.

      > Defending property rights of the citizenry is among the top tasks of any government. Moreover, the "ownership" (perpetual or not) is only meaningful, if there are legal protections for it.
      It's not property. There is no movie I can make that can take Disney's movies away from them. But I can't do things like make a new animation called "Snow White" and not get sued out of existence.

      > Are you "deprived" of food, because you have to pay for it?
      False equivalence.
      A better one is, are you deprived of food if, in order to eat something, you may not use a single recipe anyone else has published anywhere, ever. Nor can you eat if yours is too similar to another. And only after a few years and several million dollars is spent in court determining that you spinach, green bean, feta, and kidney bean bread was sufficiently non-infringing.

      In short: shill elsewhere you fucking dumbass

    3. Re:They Should Lose Public Protection by jiriw · · Score: 4, Interesting

      Are you "deprived" of food, because you have to pay for it?

      (3) If the person who has an abundance of it is unwilling to provide* at any reasonable price, yes.
      (4) If the food is purposely made** to spoil fast, sometimes even before you were able to take a bite from it.
      (5) If you have to pay the producer of your piece of food over and over again*** in full, if you want it to last or if you want to eat it in another venue than you originally intended.

      (* publishers that let works go 'out of print' but still prosecute 'alternative means of distribution'. It is called artificial scarcity and is something very common when dealing with monopolies.)
      (** certain DRM mechanisms come to mind.)
      (*** LP, Cassette, CD. Celluloid film, Video cassette, Laser disk, DVD, Blu-ray. Digital distribution with various restrictions. Multiple devices for playback, or the inability to be able to.)

  9. Re:News Alert! Sonny Bono is dead! by Rob+the+Bold · · Score: 3, Funny

    He's buried here..

    You can go and hire Ms. Cleo and do a seance and complain to him since he sponsored the legislation.

    See, even the trees opposed copyright extension.

    --
    I am not a crackpot.
  10. Re:So? by Penguinisto · · Score: 5, Informative

    sibling is right... if it's so crappy, then why the need to rent-seek on them? Consider that the majority of the works' creators are dead by now (it's been 56 some-odd years), so it's not like they're directly benefiting from copyright. So who is benefiting? The kids, the corporations, and a whole lot of other people who did approximately bupkis to create these works.

    Copyright is about a temporary monopoly on a creative work. It is emphatically not meant to be a perpetual money machine.

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  11. YOu are so right! by Anonymous Coward · · Score: 5, Insightful

    If I weren't sooo lazy, I'd work a bit harder and BOOM! I'd be RICH! Why, if I weren't so lazy, I could get another job on top of my other two, and work some more! After all, I'm only working 80 hours a week and who needs sleep and recreation!

    And we all know that the billionaires like Mark Zuckerberg, Bill Gates, Buffet and all them got where they are by working hard and being honest and forthright people! Anyone can do it!

    We all know that all it takes here in the states is to work hard and wealth is guaranteed! Well, if it weren't for the government regulations.

    I had a chemical disposal business and the fucking EEE, PEEE, AYE stopped me from disposing in the local trout stream! How the hell is one going to make a living with these communist basterds?! And this bullshit nonsense about children getting cancer and whatnot - why there's St. Judes to help them! Business and profits first and health and well being is just a socialist value! Anyway, cancer was created by socialists to punish the hard working creators and rewards the takers!

    And this bullshit of "you didn't build that!" why, the private sector could do just fine building roads and highways and edukating us!

    If you're poor, it's all because of your character! Yes sir! If you worked hard have decent values, you wouldn't be poor!

    Poor people have poor character and they are stupid! It's all their fault! If they would just pull themselves up by their bootstraps like I did, all would be well!

    I tell you, the values in this society have deteriorated. Way back when, those people would be left to starve - as they should - and it allowed for us makers to achieve and better society.

  12. Re:So? by mcgrew · · Score: 3, Interesting

    The question is, what can we do about it?

    Long copyrights are great for corporations but shitty for authors. There was a fellow a couple years ago who was sued for writing a sequel to "Catcher in the Rye", that book should be in the public domain.

    Insane copyright law is keeping The Paxil Diaries in electronic form and out of gutenberg.org because of twenty four words in the 80k word book. One chapter concerned the re-dedication of the Illinois State Library which was renamed to Illinois last late poet laureate's name. There was a 24 word poem displayed, which I copied with a pencil and used as the chapter's intro.

    That poem, written in 1961 by a woman now long dead should NOT be covered by copyright. I may publish the book with the poem replaced by a rant about our insane copyright laws if I can't get permission to use it (I think the state holds copyright but I don't know).

    Meanwhile, you can read Nobots for free online, I'm only charging for real books, which actually have a cost to print and distribute.

    I've written my congressmen and Senators, have you written yours?

  13. The best argument for change in PD laws by Zontar_Thing_From_Ve · · Score: 3, Interesting

    The best argument I've heard for changing the laws dealing with public domain in the USA is that in these days of federal budget cutting and decreasing spending, if these copyrights are so valuable then why are they being renewed for free automatically? It would seem logical to make a change where those who want their copyrights to be extended could pay a fee, perhaps fairly large, and fill out some paperwork to get the copyright renewed. If they forget to fill out the forms in time and pay the fee in time, too bad. That's how it was some years ago. If you forgot to renew your copyright in time, you lost it. Congress could enact a sliding scale where the renewal fee increases exponentially. For example, say that all works get an original copy right period of 50 years. Then if renewal is desired, the copyright holder could pay $500,000 for a renewal period of 10 years. If they want the works renewed at the end of that period for another 10 years, the fee goes up to $5 million. The next 10 year period is $50 million. The one after that is $500 million, then $5 billion and so on. Eventually the cost will get prohibitive that nobody will pay it any more and works will enter the public domain. I really do not get how if these works are so valuable that they must be renewed that Congress has to let it be done for free and virtually forever. Unfortunately to date the US Supreme Court has basically ruled "We're not saying that we think that extending copyright is a great idea, but the Constitution does permit it. As long as the termination date is less than 'never', any extension is probably legal." Why is Congress giving away money in renewal fees if these works are truly so valuable that they must remain in copyright longer?

  14. The Disney version. by westlake · · Score: 3, Interesting

    And the real irony is that Disney built its animated empire on stories in the public domain
    - Bambi? Nope, they stole that one too, from a 1923 work of Felix Salten

    It is never wise to take anything a geek says about Disney at face value.

    In 1933, Sidney Franklin, a producer and director at Metro-Goldwyn-Mayer, purchased the film rights to Felix Salten's novel Bambi, A Life in the Woods, intending to adapt it as a live-action film. After years of experimentation, he eventually decided that it would be too difficult to make such a film and he sold the film rights to Walt Disney in April 1937. Disney began work on crafting an animated adaptation immediately, intending it to be the company's second feature-length animated film and their first to be based on a specific, recent work.

    Bambi

    Philip Pullman's Fairy Tales from the Brothers Grimm: A New English Version retells fifty of these classic tales in a four hundred page book. Call it eight pages on average per story.

    That is barely enough material to sustain a one-act stage play.

    The truth is that the adaptation becomes memorable through its embellishments, its richness in detail. ''Hansel & Gretel'' at Columbia Marionette Theatre: A Sweet Artistic Triumph

    It isn't a generic Sleeping Beauty the geek wants to appropriate from Disney, it is Maleficent.