Tag Archives: public domain

Public Domain Day Festivities Draw Global Audience of Enthusiasts

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People from around the world — many wearing their best roaring ‘20s attire — came to the Internet Archive’s online party on January 19 to toast creative works recently added to the public domain.

The event was hosted in partnership with SPARC, Creative Commons, Library Futures, Authors Alliance, Public Knowledge, and Duke’s Center for the Study of the Public Domain.

Watch recording

View table of contents & speakers

“We’re celebrating works published in 1927 becoming open to all in the United States where we can legally share, post, and build upon them without permission or fee,” said Jennifer Jenkins of the Center for the Study of the Public Domain at Duke Law School. “You’re free to reimagine the characters, the events, the settings, the imagery, and use them in your own stories, musical plays, and movies.”

Librarians and archivists are eager to preserve these cultural materials, the vast majority of which are out of circulation. Now that they’re in the public domain, anyone can preserve them and digitize them — making them more discoverable.

“The public domain is important because it enables access to cultural materials that might otherwise be lost to history,” Jenkins said. 

Among some of the best-known works that entered the public domain in 2023 include books, such as To the Lighthouse by Virginia Wolfe and The Big Four by Agatha Christie; sheet music for The Best Things in Life Are Free and I Scream, You Scream, We All Scream For Ice Cream; silent movies such as Metropolis by Fritz Lang, Putting Pants on Phillip with Stan Laurel and Oliver Hardy.

The first full-length film featuring synchronized sound was produced in 1927: The Jazz Singer with Al Jolson. 

Rob Byrne, a film restorer and president of the San Francisco Silent Film Festival, explained at the event that previous films were not truly silent since every motion picture performance in the 1920s was accompanied by live musicians—from full orchestras in big cities to single piano players in small town theaters. The average American went to the movies more than three times every week, and international movies were accepted because there were no language barriers, Bryne added. 

Unfortunately, more than 80% of all the films produced prior to 1930 have been lost.

Even fewer films featuring Black casts made for Black audiences survived, said Cara Cadoo, associate professor of history, cinema and media studies at Indiana University. “Race has always been a part of the story of the American cinema,” she said. 

It was because she could easily view movies in the public domain that Cadoo said she was recently able to discover a clip from a lost Black film. Through some detective work, she identified footage from the 1917 film, “The Trooper of Troop K,” while studying another film from 2023. “This history is something that just in recent decades, people have taken seriously,” Cadoo said.

Interest in the public domain is global! The map above shows where our viewers watched the celebration.

Brigitte Vezina, director of policy and open culture at Creative Commons, explained that libraries, museums and archives still face big challenges simply to fulfill their mission in the digital world. (See report Barriers to Open Culture.) Institutions are working in an outdated framework and copyright policy reform is needed, she said. 

“We’ve been promoting open culture to build a more equitable, accessible, and innovative world,” said Vezina, citing its new call to action policy guide. “It’s based on this rich experience that our open culture program supports better sharing of cultural heritage globally.”   

Along with works celebrated from 1927, SPARC’s Nick Shockey talked about another important milestone in expanding public access to knowledge. In August, the White House Office of Science and Technology Policy issued new guidance that requires the federal government set the default to open for all publicly funded research in the United States. 

“This will make over $80 billion each year in research produced with the support of U.S. taxpayer dollars immediately available to anyone online,” Shockey said. “The priority is part of a broader commitment to advancing equity in science and scholarship and recognizing the ways in which openness can be a powerful enabler of more equitable systems.”

The government has also set 2023 as the Year of Open Science. What is and is not publicly and openly accessible is a public policy question, said Shockey, noting the disappointing 20-year pause for the Canadian public domain.

“As we celebrate today, I hope the momentum that we generate can be channeled into ongoing advocacy to ensure that more and more of the knowledge that shapes our world is made available to everybody and to more fully realize the right of sharing knowledge,” Shockey said.

For an example of the value of free sharing of information from the federal government, Meredith Rose, senior policy counsel with Public Knowledge, highlighted NASA’s public posting of images from the Webb space telescope.

“Some things are born free,” said Internet founder Brewster Kahle. “Democracies around the world publish openly because they believe in education and they want it to be spread as widely as possible.”

Open does not always mean easily accessible, however. Kahle is working on Democracy’s Library, a project to gather government material from the U.S., Canada and around the world and preserve them in one place.

“This is the internet we’re dreaming of. Let’s go and make sure that it’s got all of the public domain materials publicly accessible – not just all those things that are from the classic era. Let’s go and celebrate the current public domain.”

Also presenting at the celebration was Rick Prelinger, an archivist, filmmaker, writer and educator. He began collecting ephemeral films (used for specific purposes such as advertising, educational and industrial films) in 1983. His collection of 60,000 films was acquired by the Library of Congress in 2002. He partnered with the Internet Archive to make a subset of the collection — now more than 8,500 films — available online for free viewing, downloading and reuse in the Prelinger Archive. 

Throughout the program, students from the Snowden International School (Boston) and the Ruth Asawa San Francisco School of The Arts (San Francisco) read poetry newly entered into the public domain from Caroling Dusk: an anthology of verse by Negro poets by Countee Cullen.

Jennie Rose Halperin, executive director of Library Futures, and Lila Bailey, senior policy counsel at the Internet Archive co-hosted the party.

[Cross-posted blog with SPARC / Internet Archive]

As the US Public Domain Expands, 20-Year Pause for the Canadian Public Domain Begins

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Festivities are planned on January 19 to recognize Public Domain Day and embrace the possibilities of new works freely available from 1927.

In the United States, the recent declaration of the federal year of Open Science and the White House memo unlocking publicly funded research outputs has buoyed the open community and its outlook on knowledge sharing.

However, the celebration will be muted in Canada where librarians and educators are assessing the impact of a vast expansion of the copyright term. 

Canada’s copyright protection for artistic works was extended as 2022 came to a close from life of the author plus 50 years—to life of the author plus 70 years. The change was the result of international trade negotiations in the United States-Mexico-Canada Agreement (USMCA), requiring Canada to bring its terms closer to that of the U.S.

Once items are in the public domain, they can be republished or repurposed without seeking permission or paying a rights holder. This allows libraries, museums, and archives to use materials freely for research and historical purposes, as well as post online archives of the important documents and creative works.

The change in Canada means books, movies, plays, and songs that were previously scheduled to be free from copyright  will not be in the public domain until 2043.

“It’s a disappointment and a feeling of mourning,” said Andrea Mills, executive director of Internet Archive Canada, of the policy change that prompted the cancellation of Public Domain Day parties in the country. “It feels more like we should have a wake.”

(Others share similar concerns about the negative impact of the policy change. See Reconsidering the Copyright Bargain: by Adian Sheppard, director of the University of Alberta’s copyright office; A bizarre 20-year hiatus: Changes to copyright term in Canada by Jennifer Zerkee, Simon Fraser University library copyright specialist; and an article Interminable pause: Government must address harm caused by extension of copyright term by Mark Swartz, a scholarly publishing librarian an Queen’s University.)

Canadians used to feel good about the annual Public Domain Day, with its shorter copyright term than the U.S., said Michael Geist, Canada Research Chair in internet and e-commerce law at the University of Ottawa. Now, the country is beginning to consider the ramifications of the new terms, including disruptions to digitization projects and the increased cost of materials that will remain under copyright for educational institutions.

“Not having an enriched public domain for 20 years creates some real harms,” said Geist, who is also a member of the Internet Archive Canada board. “The vast majority of works that have no commercial value at the end of their life will be locked down for an additional 20 years.”

The change will limit access to little-known Canadian authors whose works are often out of print, Mills said. (See her blog post: A Missed Opportunity to Revive Obscure Canadian Literature – Internet Archive Canada)

The policy change was buried in a budget bill and there was no public announcement, leaving many Canadians unaware, Geist said.

The extended protection was agreed to as part of closed trade negotiations, said Peter Routhier, a copyright attorney who is on the Internet Archive’s policy team. That kind of negotiation does not follow the same sort of open process as a democratic legislature. In these kinds of settings, commercial interests are often prioritized, and there are very few ways for the public to engage, he said.

Mills said these recent changes by the government have an “overall chilling effect” on copyright policy.

Before the copyright terms were extended, the Canadian government did hold hearings to consider registration solutions and exceptions to works entering the public domain. In the end, those proposals were not adopted.

When looking at thousands of works, there is value in the overall collective rights for the authors, Geist said. But, he noted, there are also education costs to acquire works and loss of creativity to revise works in new ways when materials remain under copyright.

“It’s hard to be optimistic,” Geist said. “But it’s in the realm of possibility the government could consider some [copyright exceptions], particularly for groups like librarians, archives, and museums. “The government has not shown a lot of interest in this issue. If anything, it has sort of done its best to try to keep it below the radar screen. We’ll have to wait and see.”

To advance the public interest, librarians in Canada, the U.S., and elsewhere are pushing for reforms to licensing agreements to e-books. With the pause for new works entering the Canadian public domain, advocacy to make knowledge open by default is even more important. 

The events in Canada are a reminder that what is—and isn’t—in the public domain is ultimately a policy decision and vigilance is needed to ensure the public interest is elevated in policy conversations about copyright.

Tune in to learn more about Public Domain Day at an event hosted by the Internet Archive in collaboration with partner organizations on January 19 at 4 p.m. ET. Register here. This year’s event will celebrate the theme, “The Best Things in Life Are Free,” and feature a host of entertainers, historians, librarians, academics, activists, and others.

[Cross posted with SPARC]

The Best Things in Life Are Free: Two Ways to Celebrate Public Domain Day in 2023

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The moon belongs to everyone, so says the 1927 hit musical composition, “The Best Things In Life Are Free.” We agree! In January of 2023, a treasure trove of new cultural works will become as free as the moon and the stars, and we at Internet Archive, Creative Commons and many other leaders from the open world plan to throw a party to celebrate!

Next year, works published in 1927 will join the myriad creative building blocks of our shared culture heritage. The public domain will grow richer with books from authors like Sir Arthur Conan Doyle, Marcel Proust, and Virginia Woolf, silent film classics like the controversial The Jazz Singer with Al Jolson and Fritz Lang’s dystopian Metropolis, and snappy musical compositions like You Scream, I Scream, We All Scream For Ice Cream.

You can welcome new public domain works and party with us two ways:

Join us for a virtual party on January 19, 2023 at 1pm Pacific/4pm Eastern time where we will celebrate our theme, The Best Things In Life Are Free, with a host of entertainers, historians, librarians, academics, activists and other leaders from the open world, including additional sponsoring organizations Library Futures, SPARC, Authors Alliance, Public Knowledge, and the Duke Center for the Study of the Public Domain. REGISTER FOR THE VIRTUAL EVENT HERE!

The Internet Archive will also host an in-person Film Remix Contest Screening Party on January 20, 2023 at 6pm at 300 Funston Ave in San Francisco. We will celebrate 1927 as founding year of the Academy of Motion Picture Arts and Sciences, while watching this year’s Public Domain Day Remix Contest winning entries, eating popcorn and ice cream. Come dressed in your best golden age of Hollywood inspired costume and walk the red carpet with the Internet Archive as we celebrate the entry of “talkies” into the public domain. REGISTER FOR THE IN-PERSON PARTY IN SAN FRANCISCO HERE!

Virtual Gathering Welcomes Creative Works from 1926 into the Public Domain

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Free from copyright restrictions, the public can now enjoy unlimited access to creative works from 1926 including A.A. Milne’s Winnie-the-Pooh, classic silent films with Buster Keaton, and jazz standards by Jelly Roll Morton.

A virtual party hosted by the Internet Archive, Creative Commons, and many other community co-sponsors on January 20 celebrated the availability of the newly released material. This year’s festivities also welcomed nearly 400,000 sound recordings from the pre-1923 era into the public domain as a result of the Music Modernization Act passed by the U.S. Congress.

“What a big win for our country, especially for libraries and archives that preserve our cultural history,” said U.S. Senator Ron Wyden (D-Ore.) of the newest crop of creative work entering the public domain, including the early sound recordings. “It’s also a big win for our artists, who can now freely use these classic recordings and transform them into new works.” [WATCH the segment with Senator Wyden.]

Wyden has supported groups that advocate for balanced copyright laws that support public access. In the recent federal legislation addressing compensation in the music industry, he pushed back against a provision that would have locked up older recordings for almost 150 years from their publication.

“These restrictions defied common sense, and they would have been a major disadvantage for historians, academics and American cultural heritage,” said Wyden, who helped secure a better deal that allowed sound recordings to be public property each year. “The Music Modernization Act was not our first rodeo, and I’m certain it is not going to be our last. I look forward to working with all of you closely in the days ahead, continuing the fight for balanced IP laws that work for all Americans.”

Meredith Rose, senior policy counsel with Public Knowledge, a consumer advocacy organization based in Washington, D.C., said the new federal legislation is a “huge game changer” for libraries. For the first time, sound recordings before 1972 can be made available for noncommercial and educational uses with no restrictions or threat of statutory damages. [WATCH this segment.]

Also speaking at the event was Jennifer Jenkins of Center for the Study of the Public Domain at Duke Law School. She shared a video highlighting the range of work becoming open this year from Ernest Hemingway’s first novel, The Sun Also Rises to the film “For Heaven’s Sake” with Harold Lloyd and poetry by Langston Hughes. [WATCH this segment.]

“Public domain enables both creativity and access to preservation,” Jenkins said, noting some classic works have been lost to history. “For those that have survived, it’s time to discover or rediscover and breathe new life into them.”

A musical part of the program featured performances by Citizen DJ and Roochie Toochie and the Ragtime Shepard Kings.  There was also an interview with Colin Hancock, a musician and historian who has built his career playing early jazz, blues and ragtime music and using period technology to record it. [WATCH this segment.]

Professor Jason Luther of Rowan University explained how his students research 78rpm records from the early 20th century through the Internet Archive’s Great 78 Project to create podcasts. Two of his students shared their excitement in being able to access these vintage recordings and make connections to artists’ work of today. (Read more about Luther’s project in this blog post.) [WATCH this segment.]

The work of writers, musicians, filmmakers, scientists, painters should be consumed, built upon and enjoyed, said Catherine Stihler, chief executive officer of Creative Commons: “I see the public domain as a gift. A package of time, wrapped in excitement of discovery and revitalization that sheds light on the past and enriches the present.” [WATCH this segment.]

The Public Domain Day event was organized by the Internet Archive and co-sponsored by SPARC, Creative Commons, Library Futures, Authors Alliance, the Bioheritage Diversity Library, Public Knowledge, ARSC, the Duke Center for the Study of the Public Domain, and the Music Library Association.

[Cross-posted blog with SPARC]

Welcoming Recorded Music to the Public Domain

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Every January we feature works that are entering the public domain. And this year the big story is in recorded music.

Recorded Music from 1922 and earlier

Approximately 400,000 sound recordings made before 1923 will join the public domain in the U.S. for the first time due to the Music Modernization Act (read more at copyright.gov). You can peruse about 38,000 of them in our collection of digitized 78rpm records.

By 1922 we were solidly in the Jazz Age – F. Scott Fitzgerald’s Tales of the Jazz Age was published in 1922, and the term was already in popular usage. Jazz migrated from Black American communities in New Orleans into the rest of the United States, having evolved from its roots in rag time, blues and Creole music.  In fact, 1922 was the year Louis Armstrong left New Orleans to join King Oliver’s Creole Jazz Band in Chicago.

Alexander’s Ragtime Band (1911) written by Irving Berlin and performed by Collins and Harlan

Peruse the collection to hear early jazz classics like Don’t Care Blues by Mamie Smith and her Jazz Hounds, Ory’s Creole Trombone by Kid Ory’s Sunshine Orchestra, and Jazzin’ Babies Blues by Ethel Waters.

Early recordings by Bert Williams (the first Black American on Broadway and the first Black man to star in a film), Fanny Brice (the real-life ‘Funny Girl’), Enrico Caruso (the legendary Italian operatic tenor), and so many others give life and flavor to our imaginings of the early 20th century.

Here are some of the top songs from 1922, to give you a taste:

But personally when I “flip through” these records I’m always drawn to the novelty songs. 

There’s a whole genre of sound imitations, like Violin Mimicry where a violin is used to imitate people talking, Jingles from the Marsh Birds with a man imitating birds imitating popular songs (just as confusing as it sounds), and A Cat-astrophe with people imitating rather catastrophic cats to music.

You can also skip the jokes and go straight to laughing just for the sake of it with these gems:  Laughs You Have Met, Gennett Laughing Record, and The Okeh Laughing Record, or choose to have a little music with laughing choruses like Ticklish Reuben, She Gives Them All the Ha-Ha-Ha, Stop Your Tickling, Jock! or And Then I Laughed.

And perhaps my favorite of the bunch is Fido is a Hot Dog Now which seems to be about a dog who is definitely going to hell.

Fido is a Hot Dog Now (1914) by Billy Murray

Other Media from 1926

As usual, we are also welcoming some new books, movies, journals, and sheet music – this time from 1926! (Read about 1925, 1924, and 1923 in previous posts.)

Some popular first edition books from 1926:

The Clothes We Wear (1926) by Frank and Frances Carpenter

Other interesting books from 1926 that you might want to explore include Show Boat by Edna Ferber which was made into the musical Show Boat in 1927 with music by Jerome Kern, The Clothes We Wear by Frank and Frances Carpenter which is a child friendly exploration of how clothes are made all the way from the field through weaving and into sewing, or The Art of Kissing by Clement Wood which is pretty self explanatory.

We invite you to explore some of the other items dated 1926 in our collections to find your own fun items that may now be in the public domain.

Virtual Party for the Public Domain

Please join us for a virtual party on January 20, 2022 at 1pm Pacific/4pm Eastern time with a keynote from Senator Ron Wyden, champion of the Music Modernization Act and a bunch of musical acts, dancers, historians, librarians, academics, activists and other leaders from the Open world! (And yes, we DO have a book from 1926 about how to throw the world’s best party.)

 Event on January 20th, 2022

REGISTER FOR THE VIRTUAL EVENT HERE!

Public Domain Day Short Film Contest Highlights Works of 1925

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A still from the winning submission Danse des Aliénés (Dance of the Insane), featuring actress Greta Garbo.

Filmmakers responded with enthusiasm and creativity to a call from the Internet Archive to make short films using newly available content from 1925 in celebration of Public Domain Day. They discovered a new freedom in being able to remix film clips with Greta Garbo, magazine covers with flappers, and sheet music from standards like “Sweet Georgia Brown” – all downloadable for free and reusable without restriction.

For the contest, vintage images and sounds were woven into films of 2-3 minutes that conveyed a sense of whimsy, nostalgia, and humor. While some were abstract and others educational, they all showcased ingenuity and possibility when materials are openly available to the public.

 “The Internet Archive has spent  24 years collecting and archiving content from around the world…now is the time to see what people can do with it,” said Amir Saber Esfahani, director of special arts projects at the Internet Archive. He was a judge in the December short-film contest along with Carey Hott, professor of art and design at the University of San Francisco, and Brewster Kahle, digital librarian and founder of the Internet Archive.

The judges reviewed 23 entries and chose a winner based on creativity, variety of 1925 content (including lists of all sources), and fit for the event (fun, interesting and captivating). These new creative works may also be available for reuse, as indicated by the license term selected by the creator.

First place: Danse des Aliénés

Joshua Curry, a digital artist from San Jose, won first place for his submission, Danse des Aliénés (Dance of the Insane), in which he layers pieces of film on three panes with images rising and falling music to “Dance Macabre” (Dance of Death) performed by the Philadelphia Symphony Orchestra. The format was inspired by the poem dramatized in triptych in the short film In Youth, Beside the Lonely Sea.  His creation included flashes of Greta Garbo, ghosts from Koko Sees Spooks and colorful designs flowing in and out of the frames.

Watch Danse des Aliénés.

Curry, who has been making experimental videos since the 1980s, says the project was a perfect fit for his artist techniques, where he likes to stress and transform film in new ways. His film had a glitchy, broken feel that is in line with the aesthetic he often uses (See his other work at lucidbeaming.com.)

“I wanted it to be evocative and for people to appreciate it as a stand-alone piece of art,” says Curry, 49. “My visual goal was to produce something challenging that a wide variety of people could connect to – despite being mostly abstract and sourced from 95-year-old content.”

Filmmaker Joshua Curry.

While Curry’s studio is modern and full of electronic equipment, working with the 1925 content and hearing music with cartoonish voices making novelty, popping sounds their cheeks was a welcome break. “One day when I was choosing the music, I was driving around the city listening to songs and felt like I was transported back in time,” Curry says.

He says it was also a pleasure to have easy access to the public domain content without commercial gatekeeping or legal obstacles, which he often encounters with digital material he wants to remix. As it happens, Curry just completed a class in multimedia copyright. He says he works hard to operate within the rules because he wants his video creations to survive online and not be taken down because of copyright infringement allegations.

Having the works for this project in the public domain meant less time trying to get the content and more time to focus on the creative process. “It was like being a little kid who was told he couldn’t have cake and then one day saying: ‘Dive in!’,” Curry said of the access to the 1925 material in the Internet Archive.

Receiving the contest’s top honors was particularly meaningful, says Curry, because he works in Silicon Valley where the Internet Archive has “great nerd cred” and is a library that people revere.

“I was proud to win with weirdness,” Curry says. “My piece was abstract, without narration or titles, and an authentic tribute to the pioneering work of the experimental films I made use of.”

To learn more about Curry’s inspirations and to hear from him directly, watch the director’s commentary that was captured during the Public Domain Day event.

Second place: Vanishing Ink

Second place went to Alaro Brandon for Vanishing Ink, a film with a montage of clips from 16 movies including The Last Laugh and Hold My Baby and four songs: “Norwegian Dances,” “Song of the Vagabonds,” “I Want to be Happy” and “Hawaiian Ripples.”

Watch Vanishing Ink.

Third place: Fashion of the 1920s

Arden Spivack-Teather, 12, and Sissel Ramierz, 13, both of San Francisco, won third place for their short film, Fashion of the 1920s. It traces the evolution of women’s clothing from tight-fitting styles that required corsets to drop-waisted, loose dresses popularized by flappers. “Women could finally be chic and comfortable at the same time,” the film notes. “Every time you notice a fabulous flowing frock, thank the 20s.”

Watch Fashion of the 1920s.

Arden found out about the contest through her mom, Cari Spivack, a staff member at the Internet Archive, and decided to partner with her friend, Sissel, a classmate since kindergarten who she had collaborated with for a winning science fair project in fifth grade. On Zoom and FaceTime, the girls looked through old McCalls magazines and decided to focus on the changing style of women’s clothing.

From left, filmmakers Arden Spivack-Teather and Sissel Ramirez.

“It was really fun to use our creativity and find things that would look good together,” said Arden, who had never before made a film. Although the research, script and editing were a challenge, she says she hopes to do it again.

Spivack said she enjoyed seeing her daughter explore the material in the Archive, giggling and musing at the kitchen table about the tonics and ads she discovered. “It was exactly what I was hoping would happen — that they would be gripped by fascination of a time period that was long gone. They could travel back and learn on their own, paging through a magazine just like someone their age would have in 1925.”

The diversity of approaches people had with the films was impressive, added Spivack.

“It’s a good introduction to what can be done with old materials. You can use them to learn and to educate others. Or you can reuse them to make something that’s completely unexpected or never seen before,” Spivack said. “As archivists everything is important. But you don’t know why until you see what it can turn into or what it informs in the future.”

Honorable mentions

  • Yo Hey Look! by Adam Dziesinski, which pieced together film clips where something caught an actor’s eye, from a baby in a wicker stroller to a woman with a bob haircut dancing to a man in a Bowler hat laughing.
  • Michaela Giles made a time-lapse film of her using oil pastels, pencils, paints, and pens to draw a profile of a woman gracing the front of a vintage publication in 1925 Magazine Cover Recreation.
  • Public Domain Day by Subhashish Panigrahi explained the basics of how copyright works with text interspersed with cartoon clips, colorful paintings, and magazine covers.
  • 25 Dad Jokes from 1925 by Anirvan Chatterjee was a compilation of jokes gathered from vintage middle school and high school yearbooks from Iowa, Pennsylvania, Massachusetts, Oregon, California.  Among the corny humor: “Why is the ocean so angry? It’s been crossed too many times,” and “What are the three most often words used in school? I don’t know.”

The films were shown at the December 17 Public Domain Day virtual party, where the creators were asked to discuss their projects in breakout room discussions. You can view a livestream of the event here.

Internet Archive Celebrates Public Domain Day

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Leaders in the open world, intellectual property & social justice came together with hundreds of supporters to celebrate the works moving into the public domain in January 2021. Livestream available.

Professor Kevin J. Greene offered an “Ode to the Public Domain” during last week’s Public Domain Day celebration. Watch the full stream now.

The Internet Archive celebrated the upcoming release of works created in 1925 for unrestricted use, from the jazz standard “Sweet Georgia Brown” to F. Scott Fitzgerald’s iconic The Great Gatsby, at a virtual party December 17.

The gathering marked Public Domain Day, January 1, when copyright will be lifted from an array of movies, books, and other works of art produced 85 years ago. A quartet played a medley of songs that will enter the public domain in 2021; the winning entry of a short film contest was shown, paying tribute to works from 1925; and a panel of copyright experts and open advocates discussed today’s information sharing landscape. Watch the celebration now on the captured livestream.

“Why openness? To make the world more equitable, promote social justice, and to find answers in times of pandemic,” said Brewster Kahle, founder of the Internet Archive. “Public domain gives freedom to enjoy, freedom to share, freedom to fly. It is the gold standard of openness.”

A robust public domain is essential for the future free knowledge, said Katherine Maher, chief executive officer of the Wikimedia Foundation and guest panelist. More than just artifacts of the past (old movies, painting, and books), the public domain includes government works, 3D models of asteroids, and massive data sets to help people better understand the world.

 “We all benefit when work enters the public domain and when people choose to dedicate things to the common good – whether it’s art or research or data,” Maher said. “When these works become available for public access and use, everyone can participate in culture and knowledge and we can begin to address vast inequities.”

The recent release by the Smithsonian of nearly three million images and data into public domain was a “big win,” noted Catherine Stihler, chief executive officer of Creative Commons. However, the community needs to remain vigilant.

“We still have to fight the good fight and push back against misguided proposals to extend copyright and ways that lock up our shared cultural heritage,” Stihler said.  

We all benefit when work enters the public domain and when people choose to dedicate things to the common good – whether it’s art or research or data…

Katherine Maher, Wikimedia Foundation

Heather Joseph, executive director of the Scholarly Publishing and Academic Resources Coalition (SPARC) said the fastest development of a vaccine in history demonstrates the value of open.

“Access to knowledge is a fundamental human right,” Joseph said. “There has never been a moment in time when the need to promote and protect our ability to quickly and freely share science has been more urgent…For all darkness of 2020, to witness this amazing progress powered by openness has provided some really welcome light.”

The public domain was designed to empower everyone – regardless of economic or political status – to give access to knowledge and all of its building blocks from data to facts, ideas to theories to scientific principles, said Joseph.

Still, there is a history of copyright being used to exploit African Americans and other marginalized communities, as opposed to a tool of benefit and empowerment, said Lateef Mtima, professor of law at Howard University School of Law, and founder and director of the Institute for Intellectual Property and Social Justice.

“For the intellectual property system to work properly, it has to adhere to social justice obligations, principles of equitable able access, inclusion and empowerment for everyone,” said Mtima. “The way we get to create new works is to make sure everyone has an opportunity to be exposed to as many works as possible in the first place, because then they become inspired to produce new work.”

The Public Domain Day celebration reflects a positive inflection point in the social justice trajectory of copyright. With digital technology, there is a way to make the rich harvest of public materials available to everyone. But in order to do this, Mtima emphasized the need for broad societal investment in conquering the digital divide.

Amplifying some of the inequities, Kevin Green, chair and professor at Southwestern Law School in Los Angeles, shared an “Ode to the Public Domain” that he wrote for the event. 

As part of the celebration, Amir Saber Esfahani announced the winner of the Public Domain Day Short Film contest: Danse des Aliénés (Dance of the Insane), an entry that incorporated music and images into a video collage paying tribute to works of 1925.

“A Toast to the Pubic Domain” by Martin Kalfatovic, Smithsonian Libraries & Archives. Watch the livestream now.

Wrapping up the evening, Kyle K. Courtney, a copyright lawyer and librarian at Harvard, mixed a Gin Rickey, a cocktail mentioned in The Great Gatsby. Then, Martin Kalfatovic, associate director of digital programs at the Smithsonian Libraries and Archives, offered a toast:

“Here’s to the progress of science and the useful arts, the explosion of creativity remixed in multiple formats. And as the new year passes again and again, we replenish the cup of our public domain.”

Added Kahle: “Public Domain Day is a fabulous holiday that should be enshrined forever. Long live the public domain and the community that supports it.”

A full livestream of the event is available for viewing.

January 1st brings public domain riches from 1925

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On January 1st, 2021, many books, movies and other media from 1925 will enter the public domain in the United States. Some of them are quite famous — jump ahead to see lists of those well known books and movies that you can enjoy on the Internet Archive — or take the scenic route with me.

Book cover: Mrs. Dalloway by Virginia Woolf

What does this all mean? Essentially, many items created in 1925 in the US that are still under copyright will become free and open for people to use in any way they see fit in the new year. But check out Duke Law’s Center for the Study of the Public Domain article for a more in-depth explanation.

We have a party every year to celebrate the new works entering the public domain, and this year is no exception. Join us on Thursday, Dec. 17th to toast these newly available additions.

Traveling from Home

As part of this yearly ritual, I explore our collections to unearth these newly freed items, and I invariably run across a few things that hit a nerve. This year, it started with this intertitle in “Isn’t Life Terrible?” Less than 20 seconds into this 1925 film, and suddenly I’m dumped back into 2020.

Silent film intertitle that reads, "Charley Chase as The poor young man with only two places to go -- Front yard and back yard"

Rude, right? I don’t even have a front yard to enjoy during shelter in place.

But the magic of media is that it can transport us to different places and times. Photo books like Picturesque Italy, Picturesque Mexico, and Picturesque Palestine, Arabia and Syria show us both how much and how little has changed in the past 95 years.

Screen shot thumbnail images from the book Picturesque Italy. The 12+ photos feature tourist sites in Venice, Italy like the Doges Palace, the Bridge of Sighs, and Piazza San Marco.

Gondolas still glide under the Bridge of Sighs, and the Tower of Pisa is still leaning, but the 1925 version of the Colosseum certainly lacks today’s fake gladiator photo ops.

Looking at the past with the eyes of today

Every toe dipped into the past has the potential to surprise or shock. The story of a pantry shelf, an outline history of grocery specialties is only mildly interesting on the surface. Essentially, it’s a sales pitch to food manufacturers encouraging them to advertise in a set of women’s magazines. The book contains short case histories of successful food brands like Maxwell House Coffee, Campbell Soup, Coca Cola, etc. (all of whom advertise with them, naturally).

The book gives you a glimpse of why people were so enthusiastic about mass produced, packaged foods. Unsanitary conditions, bugs in your sugar, milk going bad over night; things modern shoppers never think about.

It puts this glowing praise of Kraft Cheese into perspective: “…a pasteurized product, blended to obtain a uniformity of quality and flavor, a thing greatly lacking in ordinary types of cheese.” (page 149)

That’s pretty entertaining if you’re a cheese lover. I think most people would agree that Kraft cheese is no longer on the cutting edge.

But keep poking around and you find a much deeper cultural divergence. While The story of a pantry shelf is extolling the virtues of the home economics training available at Cornell, you stumble across this horrifying sentence (page 12).

Passage from "The Story of a Pantry Shelf" which reads, "Indeed, the Practice House, where students learn housekeeping in its every phase, even includes the complete care of a baby, adopted each year by Cornell for the benefit of these 'mothers' who, under the direction of trained Home Economics women, feed, bathe, dress and tend an infant from the tender age of two weeks throughout the session."

I was not expecting to read about orphaned babies being used as “learning aids” while flipping through stories about Jell-O. Intellectually, I know that attitudes towards children have changed over the years — the Fair Labor Standards Act, which set federal standards for child labor, wasn’t even passed until 1938. But this casual aside tossed in amongst the marketing hype still packs an emotional punch. It’s important to remember how far we have come.

Even writing that was forward-thinking for the time, like the booklet Homo-sexual life, is terribly backward according to today’s standards. It’s from the Little Blue Book series — we have many that were published in 1925, and the publisher was quite prolific for many years. The series provided working class people with inexpensive access to all kinds of topics including philosophy, sexuality, science, religion, law, and government. Post WWII, they published criticism of J. Edgar Hoover and the founder was subsequently targeted by the FBI for tax evasion. But in 1925, they were going strong and one of their prolific writers was Clarence Darrow.

Controversies of the Age

Darrow was writing about prohibition for the Little Blue Book series in 1925, but that is also the year he defended John T. Scopes for teaching evolution in his Tennessee classroom. The Scopes Trial generated a huge amount of publicity, pitting religion against science, and even giving rise to popular songs like these two 78rpm recordings from 1925.

The John T. Scopes Trial (The Old Religion’s Better After All) by Vernon Dalhart and Company

Monkey Biz-ness (Down in Tennessee) by International Novelty Orchestra with Billy Murray


Like the Scopes trial, prohibition had its passionate adherents and detractors. This was the “Roaring 20s” — the year The Great Gatsby was published — with speakeasies and flappers and iconic cocktails. And yet the pro-prohibition silent film Episodes in the Life of a Gin Bottle follows a bottle around as it lures people into a state of dissolution.

We even see an entire book about throwing parties that includes no alcoholic beverages at all.

The more things change, the more they stay the same

But as much as some things have changed, other aspects of our lives remain unchanged. People still want to tell you about their pets, rely on self help books, read stories to their kids, follow celebrities, tell each other jokes, and make silly videos.

And the most unchanging part of this particular season, of course — children still anticipate the arrival of Santa Claus with questions, wishes and schemes.

The silent film Santa Claus features two children who want to know where Saint Nick lives and how he spends his time. We follow him to the North Pole (Alaska in disguise) to see Santa’s workshop, snow castle, reindeer, and friends and neighbors. Jack Frost, introduced around 14:20, appears to be wearing the prototype for Ralphie’s bunny suit in “A Christmas Story” (but with a magic wand). Stick around for the sleigh crash at 20:45, and right around 22:20 Santa wipes out on the ice.

And just in case you’re still doing your holiday shopping, I feel like I should pass on a recommendation from this ad in a 1925 The Billboard magazine: Armadillo Baskets make beautiful Christmas gifts. And you can still buy vintage versions online – trust me, I looked. You’re welcome.

Advertisement with a picture of an armadillo and a basket made from an armadillo. Text reads, "Armadillo Baskets Make Beautiful Christmas Gifts. From these nine-banded horn-shelled little animals we make beautiful baskets. We are the original dealers in Armadillo Baskets. We take their shells, polish them, and then line with silk. They make ideal work baskets, etc. Let us tell you about these unique baskets. Write for Free Booklet. Apelt Armadillo Co., Comfort, Texas."

The Famous Stuff

And now on to the blockbusters of 1925…

Books First Published in 1925

Movies Released in 1925

Leaders in the Open World, Intellectual Property, and Social Justice Join Our Public Domain Day Celebration

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The public domain is an invaluable component of our culture, allowing for the remixing, reinterpretation, and redistribution of designated works without restriction. On December 17th, we’ll be celebrating the works published in 1925 that will be moving into the public domain when the clock strikes midnight on January 1, 2021. Our virtual celebration is free and open to the public.

As part of our celebration, we’re bringing together leaders in the open world, intellectual property, and social justice to discuss the value of the public domain for creative expression and open scholarship, and provide perspectives on the marginalized communities that have been left out of the copyright system in the United States.

ABOUT OUR SPEAKERS

KEVIN J. GREENE, SOUTHWESTERN LAW A graduate of the Yale Law School and a veteran of the United States Marines, Professor Kevin J. Greene is the John J. Schumacher Chair Professor at Southwestern Law in Los Angeles, California. Professor Greene’s scholarship in the areas of copyright, trademark and publicity rights has garnered national and international recognition in the intellectual property (“IP”) arena, particularly his pioneering work on African-American music and copyright law.

JENNIFER JENKINS, CENTER FOR THE STUDY OF THE PUBLIC DOMAIN Jennifer Jenkins is a Clinical Professor of Law at Duke Law School and Director of Duke’s Center for the Study of the Public Domain, where she writes its annual Public Domain Day website. She is the co-author (with James Boyle) of two comic books — Theft! A History of Music, a 2000-year history of musical borrowing and regulation, and Bound By Law?, a comic book about copyright, fair use and documentary film — as well as the open coursebook Intellectual Property: Cases and Materials (4th ed, 2018). Her articles include In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day and Last Sale? Libraries’ Rights in the Digital Age. She is currently writing a book on “Music Copyright, Creativity, and Culture” (forthcoming from Oxford University Press).

HEATHER JOSEPH, SPARC Since her appointment as SPARC’s Executive Director in 2005, Heather has focused the organization’s efforts on supporting the open and equitable sharing of digital articles, data, and educational resources. Under her stewardship, SPARC has become widely recognized as the leading international force for effective open access policies and practices. Among her many achievements, she convened the Alliance for Taxpayer Access and the Open Access Working Group, which provided critical advocacy for the establishment of the landmark 2008 NIH Public Access Policy and the 2013 White House Memorandum on Public Access to Federally Funded Research.

BREWSTER KAHLE, INTERNET ARCHIVE A passionate advocate for public Internet access and a successful entrepreneur, Brewster Kahle has spent his career intent on a singular focus: providing Universal Access to All Knowledge. He is the founder and Digital Librarian of the Internet Archive, one of the largest libraries in the world. In 1989, Kahle created the Internet’s first publishing system called Wide Area Information Server (WAIS), later selling the company to AOL. In 1996, Kahle co-founded Alexa Internet, which helps catalog the Web, selling it to Amazon.com in 1999. The Internet Archive, which he founded in 1996, now preserves petabytes of data – the books, Web pages, music, television, and software that form our cultural heritage.

KATHERINE MAHER, WIKIMEDIA FOUNDATION Katherine Maher is the CEO of the Wikimedia Foundation, the nonprofit organization that operates Wikipedia and the Wikimedia projects. She is a longtime advocate for free and open societies, and has lived and worked around the world leading the introduction of technology and innovation in human rights, good governance, and international development. Katherine has worked with UNICEF, the National Democratic Institute, the World Bank, and Access Now on programs supporting technologies for democratic participation, civic engagement, and open government. She is a member of the World Economic Forum’s Global Council on Human Rights and the Council on Foreign Relations, and a fellow at the Truman National Security Project. She is on the Board of the American University of Beirut, and the Digital Public Library of America.

LATEEF MTIMA, INSTITUTE FOR INTELLECTUAL PROPERTY & SOCIAL JUSTICE Lateef Mtima is the Founder and Director of IIPSJ; he is also a Professor of Law at the Howard University School of Law where he regularly teaches courses in intellectual property law and commercial law. Professor Mtima is a graduate of Amherst College and Harvard Law School. He has published numerous articles on copyright, publicity rights, and diversity in the legal profession, and is the editor of Intellectual Property, Social Justice, and Entrepreneurship: From Swords to Ploughshares (Edward Elgar 2015), and a co-author of Transnational Intellectual Property Law (West Academic Publishing 2015).

CATHERINE STIHLER OBE, CREATIVE COMMONS Catherine Stihler OBE is the CEO of Creative Commons. She has been an international champion for openness as a legislator and practitioner for over 20 years. After graduating from St Andrews University, she worked in the British House of Commons as a researcher before successfully standing for election as a Member of the European Parliament (MEP) for Scotland in 1999, representing the UK Labour Party. In 2019, Catherine was awarded the title of Officer of the Order of the British Empire (OBE) by Her Majesty the Queen in recognition of her services to politics. Catherine joined Creative Commons in 2020.