Legal eagle [copyright question]

[Fzero]

Just wondering if I'm understanding this page right, and hope someone here has a better understanding of copyright law and public domain stuff.

This image here;

http://commons.wikimedia.org/wiki/File:Gojira_1954_Japanese_poster.jpg

Looks to me to be public domain... except in America where the duration before an image goes PD is longer.

But if I were to use that in the UK, is that ok?

And does being public domain mean you can use it as you wish, or does it have to be changed a certain amount from the original?

Any help and advice welcome thanks

 

[M-HT]

If I'm reading this wikipedia page correctly, then in the UK the picture is under copyright until 2024 (70 years after creation).

 

[Null]

And does being public domain mean you can use it as you wish

That's correct. http://www.teachingcopyright.org/handout/public-domain-faq

 

[Fzero]

Ok thanks, bang goes that idea then

 

[Fzero]

And does being public domain mean you can use it as you wish

That's correct. http://www.teachingcopyright.org/handout/public-domain-faq

But not always it seems, or not when something is 'in' the public domain anyway...

Was just happening to be reading this about Stik, who is up a lot around town, coincidence that I had asked this just a moment ago

http://www.bbc.co.uk/news/entertainment-arts-28754656

 

[Null]

Gilane Tawadros, chief executive of the Design and Artists Copyright Society, said that "just because somebody has made a work in the public domain, it doesn't mean that other people have the right to reuse it or exploit it commercially."

*cough*bullshit*cough* Also I think that Disney would disagree with that statement.

 

[Fzero]

Disney use PD stuff then? I'd thought they create everything, and make sure it's all definitely protected with copyrights.

...I've always half expected to hear of ice-cream van companies getting done for using Disney imagery.

Most of them I see like Mr Whippy, have Mickey Mouse and Donald Duck plastered all over their vans. I guess they small fry though so get away with it

 

[Null]

http://www.forbes.com/sites/derekkhanna/2014/02/03/50-disney-movies-based-on-the-public-domain/


https://www.techdirt.com/articles/20140127/22560126017/crowdsourcing-list-how-disney-uses-public-domain.shtml


https://www.techdirt.com/articles/20120910/02485220325/disney-claims-house-mouse-built-with-copyright-ignores-public-domain-foundation.shtml


http://roarofwolverine.com/archives/1435

 

[ElPoco]

"just because somebody has made a work in the public domain, it doesn't mean that other people have the right to reuse it or exploit it commercially."

"Public domain" is a terrible choice of word here. He probably meant "public place", since the art was in the street. That art is not in the public domain.

 

[WizardStan]

Yeah, you don't make a work in the "public domain". As soon as you create it, it becomes yours by copyright law. If you say "anyone can use this for whatever reason" it is still yours by copyright law, you're just giving everyone an unlimited license to use it. Public domain has a specific meaning and it doesn't happen until certain conditions arise, usually some time period after creation or death.

Standard caveat of not being a lawyer, but I have argued with a lot of people about copyrights and "theft" and I like to pretend I picked up a few facts along the way.

 

[Morn]

Yeah, you don't make a work in the "public domain". As soon as you create it, it becomes yours by copyright law. If you say "anyone can use this for whatever reason" it is still yours by copyright law, you're just giving everyone an unlimited license to use it.

It works like this where I live but I've always thought that in US one can waive his rights and declare a work to be in Public Domain.Well, IANIAL as well.

 

[HelenF]

As far as I understand it, the EU has the Rule of the Shorter Term for countries outside the EU, so works of Japanese origin which are Public Domain in Japan are also Public Domain in the UK. (But if you're sharing it online, you're supposed to avoid using any US servers for it.)