Public Domain

[Brenna]

Pirates routinely misrepresent what public domain is.

Public domain means that something has passed the life of copyright. What is the life of copyright? In the US, life of copyright is life of the author plus 70 years.

After that time, you can feel free to scan a book in and pass it to your heart's content. In fact, Project Gutenberg and the Classics Project have both been doing this for years. You can use portions of public domain work freely in your own, though common courtesy demands attribution to the original, and self-respect demands skillful weaving and not blatant copying. You don't have to ask permission to use portions of someone else's fiction as you would with something still under copyright.

In other countries, the laws for copyright vary from the US ones. And copyright can be extended by courts. For instance, the original Peter Pan stories were deeded to a children's hospital and has a life of copyright that extends until the hospital ceases to exist, if that ever happens.

If you live in a country that is part of Berne (as the US and UK are), you must be mindful of what the laws and courts of the other Berne countries have decreed for copyright.

Now, what do pirates claim public domain is?

1. If they can find someone else pirating it, they say it's public domain. Not so. Pirates infringing on copyright does not invalidate copyright. Finding it for free somewhere does not mean it's not covered by copyright.

2. If it's out of print, they say it's public domain.
Not so. If the author has not been dead for 70+ years (in the US), it's not public domain.

3. If the author has ever offered it for free, they say it's public domain. Not so. Copyright allows for retention of some rights while the author willingly releases others. For instance, the author can choose to allow the work to be passed for free, with no changes to the work, but not to be used for commercial means. This is often accomplished by way of what is called Creative Commons Licensing.

That means that pirates are NOT permitted to resell stories that authors give for free, if they stipulate that it is to be used intact and in non-commercial use only.

[Rowena, Group Owner]

Great explanation, Brenna.

Question:

You write, "That means that pirates are NOT permitted to resell stories that authors give for free, if they stipulate that it is to be used intact and in non-commercial use only."

Are pirates permitted to resell stories that authors give away on their websites for free if the author neglects to make a stipulation?

Thanks for sorting this out.

[Brenna]

Not without permission to do so. Copyright automatically assumes that authors retain the right of commercial use, if they don't state otherwise. But, authors SHOULD note it, just as a matter of course.

[Pauline]

that's good to know! Thanks!