Public Domain Day 2022

A new year, a new public domain day. Each year for the past few years new works have been entering the public domain. This year brings a number of notable works into the public domain, meaning anyone is free to reproduce or iterate on them.

This year one of the most notable works is A. A. Milne’s Winnie-the-Pooh! There are already a handful of new works featuring the beloved bear that have been published online in the wake of the original book entering the public domain. However, those looking to jump into the Winne the Pooh frenzy should be aware of the complexities of copyright law. While most of the well-known characters, including Winnie the Pooh, Piglet, Eeyore, and Rabbit, were introduced in this first book, Tigger was not. Tigger’s first appearance will not enter the public domain until 2024. Further, the iconic re-designs of the characters featured in Disney films will not enter the public domain at this time. So, make sure any new Pooh books use the original illustration designs or new illustrations easily distinguished from the Disney designs, and save Tigger troubles for a future release.

On the film front Don Juan, a 1926 film that was the first to use the Vitaphone sound system, though only for soundtrack and sound effect — not dialogue, enters the public domain. That shows just how much the public domain lags behind; we’ll get to talkies soon.

For those copyright nerds out there, The Cohens and the Kellys, the film at the center of the Nichols v. Universal stock character copyright case, finally enters the public domain, making the matter moot 92 years later.

Copyright Small Claims Arrives

Covid-19 has changed a lot about the world, and that includes the future of intellectual property litigation. Tucked away in the December 2020 coronavirus relief bill was the CASE Act, a law that establishes a voluntary small claims court for low-cost copyright disputes.

The Copyright Claims Board will be under the jurisdiction of the Copyright Office. It will be empowered to hear claims for damages due to copyright infringement up to $15,000 per claim, with an overall limit of $30,000 per case. A three-judge panel will rule on the cases.

Copyright litigation is notoriously expensive. With this act, Congress hopes to create an alternative forum where smaller claims can be litigated at lower cost. However, with the process being voluntary it remains to be seen how often parties will opt to use the system over the federal courts. In any case, the CCB won’t be open until at earliest late 2021.

Copyright is a complex area of law that Congress is looking at for a reason. If you are dealing with copyright in your work, contact The Law Firm of Dillon McCarthy for help.

Public Domain Day 2021

Public Domain Day has become something of a tradition here at The Law Firm of Dillon McCarthy, ever since it finally became a thing again a few years ago. This January 1st, some fantastic and important works of art entered the public domain in the United States.

First the books. 1925 is widely thought of as one of the greatest years in modern literature. The books that entered the public domain this year include Mrs. Dalloway and one of the my favorites, The Great Gatsby. The films of Buston Keaton continue to march into the public domain with Go West. In music, classics from Irving Berlin, Ma Rainey, and Duke Ellington become free for everyone to use.

Public Domain Day brings a gift to the public every January 1st, and hopefully for the foreseeable January 1sts this will continue to be the case.