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Ask Slashdot: How To "Prove" a Work Is Public Domain?

Posted by samzenpus on from the work-of-the-people dept.

New submitter eporue writes: YouTube claims that I haven't been able to prove that I have commercial rights to this video of Superman. They are asking me to submit documentation saying "We need to verify that you are authorized to commercially use all of the visual and audio elements in your video. Please confirm your material is in the public domain." I submitted a link to the Wikipedia page of the Superman cartoons from the 40s where it explains that the copyright expired, and to the Archive page from where I got it. And still is not enough to "prove" that I have the commercial rights. So, how do you "prove" public domain status ?

5 of 213 comments (clear)

  1. Half the story by DerekLyons · · Score: 4, Insightful

    Just because the story is in the public domain, that doesn't mean you have the ability to use the trademarks.

    1. Re:Half the story by NostalgiaForInfinity · · Score: 4, Insightful

      That doesn't make any sense. If this were a trademark issue, they wouldn't be asking him to show that the material is in the public domain.

    2. Re:Half the story by JMJimmy · · Score: 4, Insightful

      I believe trademarks are where corporations should be able to protect characters of a franchise that is still being actively monetized.

      Congratulations you've just created infinite copyright by that standard.

    3. Re:Half the story by vux984 · · Score: 4, Insightful

      I believe trademarks are where corporations should be able to protect characters of a franchise that is still being actively monetized.

      I hear where you are coming from, but then mickey mouse never enters the public domain.

      And if Bill S, had incorporated and transferred his copyrights and trademarks to the coproration than the characters of Romeo and Julliette, Hamlet, Shylock, and all the rest would still be protected... from ever being used or referenced.

      WHY is that ok? Culturally these characters should eventually be public domain. Can you imagine how much art and culture of today involves the use classical heroes and villains.

      From Hercules to Dorian Gray, from Hades to Dr. Frankenstein. Would you prefer that all these characters belong to corporations forever trademarked?

      One day another 50 or 100 years from now... why shouldn't the chracters of Mickey Mouse and Superman be equally available to screen writers and authors to incorporate, remix, and re-imagine?

      From the countless Shakespeare reimaginings to TV series like Penny Dreadful that mix the Dracula tale with Dorian Gray and other "period' heroes and villains to the constant mining of greek mythology for new stories... culminating in stuff like Percy Jackson... this is a good thing.

      Why exactly do you think today's "trademarked" characters SHOULD forever belong to corporations?

  2. Re: What problem? by bistromath007 · · Score: 5, Insightful

    That is specifically what public domain does NOT mean. Anyone can make money off things in the public domain, if they can find a way to make them valuable to others, up to and including simple reprinting or rebroadcast.