Throughout the world, there is a rule according to which works enter the public domain when a certain period expires. In different countries, this period, as well as the order of transition, are somewhat different. So, for works that are the property of all people in our country, there may be copyrights in the United States, and vice versa.
In the vast majority of European countries, these rights lose their protection after 70 years from the moment the author passed away. Or, this period starts from the moment the work is published. Read more about the concept and regime of the public domain in the article.
Copyright
To understand the essence of the public domain in copyright, you need to familiarize yourself with the second of these concepts.
Copyright in the civil legislation of our country is considered as an intellectual right arising from works created by literary, art, and scientific workers. It arises from the moment the work is created, and includes:
- Rights of the author, which are non-property, for example, such as the right to a name, to publication, to the protection of dignity, etc.
- The exclusive right of the author, on the basis of which he, as well as his successors, who are the copyright holders, can either prohibit or allow the use of the work in any way.
- The right to remuneration. It is established if it is allowed to use the work without the copyright consent or without the permission of the copyright holder. In this case, remuneration must be paid.
Public domain
It refers to all creative works taken together, for which copyright has expired or these rights have never existed. It should be noted that we are talking exclusively about property rights, that is, remuneration.
Under the public domain, they also understand inventions for which the patent has not yet expired. Anyone without restrictions can use and distribute it. In this case, you do not need to pay a fee to the author or copyright holder.
However, non-property rights, which were mentioned above, must be respected. In most European countries, a work passes into the public domain after 70 years have passed since the death of its author. There is another option - after the same period, but it is counted after the work is published.
The list of the public domain in the Russian Federation is published annually both on the Internet and on paper.
In Russia
In our country, a work is passed into the public domain regarding which the following conditions are met. After the death of its author should pass 70 years. If he created during the Second World War or took a direct part in it, the time for protecting his copyright will be increased by 4 years. That is, to 70 you need to add 4 and you get 74 years.
If the creator of the book, picture, scientific work was rehabilitated posthumously after he was repressed, the term of protection of rights will have a different starting point. Its course will begin on January 1 of the year immediately following rehabilitation.
But the term itself does not change, it will also be equal to 70 years. The specified right shall not be applied when the 50-year term of observance of copyright has expired by the date of 01.01.1993.
Other features in the Russian Federation
If the work was first published after its creator died, the author’s right is valid for 70 years after its publication. Until 2004, this period was 50 years.
There is a special group of works that are created in Russia and are in the public domain. It concerns:
- images of official symbols of the state;
- money;
- Flags
- orders;
- official documentation of the Russian Federation and the USSR states, the successor of which it is.
For legal entities
After the fourth part of the Civil Code of the Russian Federation entered into force, from the date of January 1, 2008, legal entities that had copyrights that appeared before August 3, 1993, that is, before the entry into force of the Copyright Law of July 9, 1993, lose them after 70 years after the presentation of the work to the public. If it was not published, then the starting point for the 70-year period is the date of its creation.
Based on this provision, films that appeared on the screen more than 70 years ago are a social condition. However, the law does not speak about the country of production of the film. And the Ministry of Culture of the Russian Federation gives information that the norm contained in the law applies to all films. The rights to later released studio pictures are the property of production studios or their successors.
In the European Union
Prior to its formation, in most of its member states, the copyright period was 50 years after the author passed away. The exception was Germany. There existed the figure of 70 years. After the formation of the European Union, the legislation of its members was subject to harmonization.
Due to the fact that attempts to negotiate with Germany to reduce the figure from 70 to 50 years were unsuccessful, a general law on 70 years was adopted. At the same time, for all works that have already become public domain, copyright was renewed. Companies that began to publish such works were allowed to sell stocks after receiving some compensation from the state.
If a work has not one but several authors, then the period is counted from the day when the last of them died. There is a 70-year period for the performance of works and their recording, which is calculated after the performance, production of the recording. It should be noted that this norm was introduced in 2013, and it does not extend retroactive force to works that have become the property of all people before 01/01/2013. Even in cases where the new norm indicates its protection.
Additional terms
Several countries had them and extended copyright protection for periods related to the periods of two world wars. Most of the states that are members of the European Union fought in them. After the differences were resolved, additional conditions were reserved only for France. This refers to authors whose death certificate has a direct indication that they died for this country.
In such a situation, a piece of music will go into the public domain after 100 years after making it public. If it was published during the First World War, the period of its protection will be 114 years and 272 days. If during the 2nd World War, then 108 years and 120 days. Consequently, works related to the 1st of the wars will lose protection of property rights to them no later than in 2033, and to the 2nd - no later than in 2053.
For works that are not of a musical nature, the term of protection is not finally defined. Previously, it was 50 years from the date of publication, and in accordance with the new laws, taking into account existing features, it can also last 80 years. And also meet the deadlines for musical works.
In the United States
In accordance with the United States copyright law, all works published on their territory before 01/01/1923 are in the public domain. Anything made public in 1923 or after that date is protected by copyright law. The specified date plays a special role and cannot be changed until 01/01/2019.
A work that saw the light after 01/01/1923, as a rule, goes into the public domain if its author passed away more than 70 years ago. Or if it was published more than 95 years ago. However, there are a number of exceptions, according to which copyright protection can be terminated ahead of schedule.
In addition, in the general case, automatically become the property of the whole society, the work that is prepared by employees of government structures in the framework of their duties. This is due to the fact that they were created with funds received from taxes.
Digital and photocopies
Under US law, copyright reproductions of such two-dimensional objects of art as paintings, photographs, book illustrations are not objects of copyright. The exception is cases when during the creation of reproductions something creative, original, for example, retouching, was introduced. So, if the Mona Lisa is photographed from a direct angle, this photo will not create a new copyright object, and it can be considered as an object of public domain.
All this fully applies to scanned images. They inherit the original copyrights. If the original is not protected by them, such a fate awaits a photographed or scanned copy. Reproductions of two-dimensional copyrighted works are also not independent works. If you scan an image of a DVD cover or book, it will be protected by copyright, if the original has such protection.
In China
Chinese laws set a copyright term for works of art equal to 50 years after the death of its creator. If the author is not established, and the rights to his creation belong to one organization or another, then they begin to count 50 years from the date of publication or from the date of creation if there was no publication.
The transition of software to the public domain is regulated in a similar way. Additional protection is subject to printed works published in the printing house of books and periodicals. Since the first publication, they have been protected for 10 years.
Particularly governed in China are the rights belonging to the authors of the allied countries. For them, additional guard periods apply. Their extension occurs when the author’s right was established from 12/07/1941 to September 1945. The renewal period is 3, 794 days, which is more than 10 years.
