The Public Domain

Cafe Society
1

In general, whether music or text, how can one find out if something is in the Public Domain? Specifically for written works, does a publisher hold any rights to timeless works such as Shakespeare and the Bible? If one uses quotes in their own (public and possibly profitable) works from these sources, do you really need a publisher’s permission? Can’t one simply cite the author to give credit where credit is due?

What about other works, such as Bartlett’s book of Quotations, or a book of famous poems? So, again, in general… recognizing how we live in the age of hyper-legal loopholes and such legal parlor tricks (known best to these publishers), how can one know for sure what IS in the Public Domain?

I know…you could tell me, but said list IS NOT in the Public Domain, right? :wink:

Any personal experiences to share? But, of course, all are welcome to reply.

Thanks,

  • Jinx
2

In the US, anything published before 1923 in in the public domain. You can do whatever you want with it. The current publisher holds no rights at all (except that they usually add a critical essay which they do hold rights to – the essay is copyrighted, but the rest of the text is not, though their copyright notice may confuse people).

As far as quoting short excerpts, that usually falls under “fair use” even if the work is copyrighed (except for songs).

Most of Bartlett’s is in public domain. They do quote from sources under copyright, but probably under fair use, and your use of their quotations is also fair use.

A summary of public domain is here: http://www.unc.edu/~unclng/public-d.htm