#To be Public domain use

[infernothechaosgod]

Messed around with the redesign of sylvester I tried to make him a bit more "lawyer-like" if that makes sense, mostly the design is based on the earier appearances but I did try to capture some energy his new/mostly used design has

At first i thought about making him wear a suit or a tuxedo but I couldn't make them simple enough to fit him and to animate him (and not die) without coming a bit too close to the territory of already existing (and far away from becoming P.D) designs he has

I'll probably still try different versions and ideas but so far I think this design looks nice but I also wanna try out something thats more like the suit/tuxedo I mentioned earlier I think giving sylvester a complete redesign isn't necessary but it sure as hell would be fun I always love seeing others do them so why not try :o?

Feedback is very much welcomed :)

[mostlysignssomeportents]

It all started with a mouse

For the public domain, time stopped in 1998, when the Sonny Bono Copyright Act froze copyright expirations for 20 years. In 2019, time started again, with a massive crop of works from 1923 returning to the public domain, free for all to use and adapt:

https://web.law.duke.edu/cspd/publicdomainday/2019/

No one is better at conveying the power of the public domain than Jennifer Jenkins and James Boyle, who run the Duke Center for the Study of the Public Domain. For years leading up to 2019, the pair published an annual roundup of what we would have gotten from the public domain in a universe where the 1998 Act never passed. Since 2019, they've switched to celebrating what we're actually getting each year. Last year's was a banger:

https://pluralistic.net/2022/12/20/free-for-2023/#oy-canada

But while there's been moderate excitement at the publicdomainification of "Yes, We Have No Bananas," AA Milne's "Now We Are Six," and Sherlock Holmes, the main event that everyone's anticipated arrives on January 1, 2024, when Mickey Mouse enters the public domain.

The first appearance of Mickey Mouse was in 1928's Steamboat Willie. Disney was critical to the lobbying efforts that extended copyright in 1976 and again in 1998, so much so that the 1998 Act is sometimes called the Mickey Mouse Protection Act. Disney and its allies were so effective at securing these regulatory gifts that many people doubted that this day would ever come. Surely Disney would secure another retrospective copyright term extension before Jan 1, 2024. I had long arguments with comrades about this – people like Project Gutenberg founder Michael S Hart (RIP) were fatalistically certain the public domain would never come back.

But they were wrong. The public outrage over copyright term extensions came too late to stave off the slow-motion arson of the 1976 and 1998 Acts, but it was sufficient to keep a third extension away from the USA. Canada wasn't so lucky: Justin Trudeau let Trump bully him into taking 20 years' worth of works out of Canada's public domain in the revised NAFTA agreement, making swathes of works by living Canadian authors illegal at the stroke of a pen, in a gift to the distant descendants of long-dead foreign authors.

Now, with Mickey's liberation bare days away, there's a mounting sense of excitement and unease. Will Mickey actually be free? The answer is a resounding YES! (albeit with a few caveats). In a prelude to this year's public domain roundup, Jennifer Jenkins has published a full and delightful guide to The Mouse and IP from Jan 1 on:

https://web.law.duke.edu/cspd/mickey/

Disney loves the public domain. Its best-loved works, from The Sorcerer's Apprentice to Sleeping Beauty, Pinnocchio to The Little Mermaid, are gorgeous, thoughtful, and lively reworkings of material from the public domain. Disney loves the public domain – we just wish it would share.

Disney loves copyright's other flexibilities, too, like fair use. Walt told the papers that he took his inspiration for Steamboat Willie from Charlie Chaplin and Douglas Fairbanks, making fair use of their performances to imbue Mickey with his mischief and derring do. Disney loves fair use – we just wish it would share.

Disney loves copyright's limitations. Steamboat Willie was inspired by Buster Keaton's silent film Steamboat Bill (titles aren't copyrightable). Disney loves copyright's limitations – we just wish it would share.

As Jenkins writes, Disney's relationship to copyright is wildly contradictory. It's the poster child for the public domain's power as a source of inspiration for worthy (and profitable) new works. It's also the chief villain in the impoverishment and near-extinction of the public domain. Truly, every pirate wants to be an admiral.

Disney's reliance on – and sabotage of – the public domain is ironic. Jenkins compares it to "an oil company relying on solar power to run its rigs." Come January 1, Disney will have to share.

Now, if you've heard anything about this, you've probably been told that Mickey isn't really entering the public domain. Between trademark claims and later copyrightable elements of Mickey's design, Mickey's status will be too complex to understand. That's totally wrong.

Jenkins illustrates the relationship between these three elements in (what else) a Mickey-shaped Venn diagram. Topline: you can use all the elements of Mickey that are present in Steamboat Willie, along with some elements that were added later, provided that you make it clear that your work isn't affiliated with Disney.

Let's unpack that. The copyrightable status of a character used to be vague and complex, but several high-profile cases have brought clarity to the question. The big one is Les Klinger's case against the Arthur Conan Doyle estate over Sherlock Holmes. That case established that when a character appears in both public domain and copyrighted works, the character is in the public domain, and you are "free to copy story elements from the public domain works":

https://freesherlock.files.wordpress.com/2013/12/klinger-order-on-motion-for-summary-judgment-c.pdf

This case was appealed all the way to the Supreme Court, who declined to hear it. It's settled law.

So, which parts of Mickey aren't going into the public domain? Elements that came later: white gloves, color. But that doesn't mean you can't add different gloves, or different colorways. The idea of a eyes with pupils is not copyrightable – only the specific eyes that Disney added.

Other later elements that don't qualify for copyright: a squeaky mouse voice, being adorable, doing jaunty dances, etc. These are all generic characteristics of cartoon mice, and they're free for you to use. Jenkins is more cautious on whether you can give your Mickey red shorts. She judges that "a single, bright, primary color for an article of clothing does not meet the copyrightability threshold" but without settled law, you might wanna change the colors.

But what about trademark? For years, Disney has included a clip from Steamboat Willie at the start of each of its films. Many observers characterized this as a bid to create a de facto perpetual copyright, by making Steamboat Willie inescapably associated with products from Disney, weaving an impassable web of trademark tripwires around it.

But trademark doesn't prevent you from using Steamboat Willie. It only prevents you from misleading consumers "into thinking your work is produced or sponsored by Disney." Trademarks don't expire so long as they're in use, but uses that don't create confusion are fair game under trademark.

Copyrights and trademarks can overlap. Mickey Mouse is a copyrighted character, but he's also an indicator that a product or service is associated with Disney. While Mickey's copyright expires in a couple weeks, his trademark doesn't. What happens to an out-of-copyright work that is still a trademark?

Luckily for us, this is also a thoroughly settled case. As in, this question was resolved in a unanimous 2000 Supreme Court ruling, Dastar v. Twentieth Century Fox. A live trademark does not extend an expired copyright. As the Supremes said:

[This would] create a species of mutant copyright law that limits the public’s federal right to copy and to use expired copyrights.

This elaborates on the Ninth Circuit's 1996 Maljack Prods v Goodtimes Home Video Corp:

[Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity.

Despite what you might have heard, there is no ambiguity here. Copyrights can't be extended through trademark. Period. Unanimous Supreme Court Decision. Boom. End of story. Done.

But even so, there are trademark considerations in how you use Steamboat Willie after Jan 1, but these considerations are about protecting the public, not Disney shareholders. Your uses can't be misleading. People who buy or view your Steamboat Willie media or products have to be totally clear that your work comes from you, not Disney.

Avoiding confusion will be very hard for some uses, like plush toys, or short idents at the beginning of feature films. For most uses, though, a prominent disclaimer will suffice. The copyright page for my 2003 debut novel Down and Out in the Magic Kingdom contains this disclaimer:

This novel is a work of fiction, set in an imagined future. All the characters and events portrayed in this book, including the imagined future of the Magic Kingdom, are either fictitious or are used fictitiously. The Walt Disney Company has not authorized or endorsed this novel.

https://us.macmillan.com/books/9781250196385/downandoutinthemagickingdom

Here's the Ninth Circuit again:

When a public domain work is copied, along with its title, there is little likelihood of confusion when even the most minimal steps are taken to distinguish the publisher of the original from that of the copy. The public is receiving just what it believes it is receiving—the work with which the title has become associated. The public is not only unharmed, it is unconfused.

Trademark has many exceptions. The First Amendment protects your right to use trademarks in expressive ways, for example, to recreate famous paintings with Barbie dolls:

https://www.copyright.gov/fair-use/summaries/mattel-walkingmountain-9thcir2003.pdf

And then there's "nominative use": it's not a trademark violation to use a trademark to accurately describe a trademarked thing. "We fix iPhones" is not a trademark violation. Neither is 'Works with HP printers.' This goes double for "expressive" uses of trademarks in new works of art:

https://en.wikipedia.org/wiki/Rogers_v._Grimaldi

What about "dilution"? Trademark protects a small number of superbrands from uses that "impair the distinctiveness or harm the reputation of the famous mark, even when there is no consumer confusion." Jenkins says that the Mickey silhouette and the current Mickey character designs might be entitled to protection from dilution, but Steamboat Willie doesn't make the cut.

Jenkins closes with a celebration of the public domain's ability to inspire new works, like Disney's Three Musketeers, Disney's Christmas Carol, Disney's Beauty and the Beast, Disney's Around the World in 80 Days, Disney's Alice in Wonderland, Disney's Snow White, Disney's Hunchback of Notre Dame, Disney's Sleeping Beauty, Disney's Cinderella, Disney's Little Mermaid, Disney's Pinocchio, Disney's Huck Finn, Disney's Robin Hood, and Disney's Aladdin. These are some of the best-loved films of the past century, and made Disney a leading example of what talented, creative people can do with the public domain.

As of January 1, Disney will start to be an example of what talented, creative people give back to the public domain, joining Dickens, Dumas, Carroll, Verne, de Villeneuve, the Brothers Grimm, Twain, Hugo, Perrault and Collodi.

Public domain day is 17 days away. Creators of all kinds: start your engines!

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey

Image: Doo Lee (modified) https://web.law.duke.edu/sites/default/files/images/centers/cspd/pdd2024/mickey/Steamboat-WIllie-Enters-Public-Domain.jpeg

CC BY 4.0 https://creativecommons.org/licenses/by/4.0/deed.en

[rollercoasterofshitposts]

Hi my name is Michael Williard Steamboat Walter Mouse and I have mouse ears (that’s how I got my name) that are black and on either side of my head and feel like fuzzy cotton balls and black soulless eyes that consume lost children of the parks and a lot of people tell me I look like Walt Disney (AN: if you don’t know who he is get da hell out of here!). I’m not related to Remy but I wish I was because he’s a major fucking hottie. I drive a steamboat but Im best at whistling. I’m black and white all over. I’m also the most recognizable public figure other than Santa Claus (he’s disgusting), and I like spending my summers in florida where I’m the most important guy there (everyone loves me). I’m a mouse (in case you couldn’t tell) and I literally only wear shorts and shoes and my steamboat hat. All of my clothing is brand-only because i am a billionaire. For example today I was wearing my favorite pair of white shorts (some people say they’re red but they are haterz) and my matching steamboat hat, my full circle black eyeliner, white face paint, my white shoes that come up to my ankles and are very soft and nothing else because I am a mouse. I was driving my steamboat and spinning the wheel. It was sunny and I had the feeling like a movie was about to start, which I was very happy about. Ron DeSantis stared at me. I put my middle finger up at him.

[prokopetz]

Speaking of the US public domain, January 1st, 2024 is a big day for another reason.

To provide some brief historical context, for most of its history the US had no federal copyright regime for standalone audio recordings (i.e., as opposed to the audio component of movies and other multimedia productions), instead allowing the individual states to set their own standards. Many states elected to grant perpetual copyright on audio recordings, a state of affairs which was exploited by record companies to ensure that there was functionally no public domain for audio recordings in the US.

This changed in 1972, with the passage of laws that brought audio recordings in line with federal copyright standards. The changes did not apply retroactively, leaving audio recordings created prior to 1972 under the old state-level perpetual copyrights – and since the federal copyright duration in the US is so long, no post-1972 audio recording has been around long enough for its term to expire.

However, further changes to federal copyright law in 2018 allowed very old audio recordings to be placed in the public domain regardless of where they were produced. Initially, this applied only to audio recordings created in 1922 and earlier, which is why we've suddenly seen a bunch of indie productions making use of old dance-hall recordings in the past couple of years. Provisions to gradually phase out the copyright protection of recordings produced between 1922 and 1972 were also included – and those start kicking in next year, beginning with audio recordings created in 1923.

TL;DR: January 1st, 2024 will be the first time in history that any standalone audio recording has ever entered the US public domain through expiration of the term of its copyright.

If you live in the US and you're a fan of old music, it might be worth looking up what exactly came out in 1923!

[qwantzfeed]

ceci n'est pas une pipe?  more like ceci n'est pas une intellectual property crime in just a few months and honestly, i hate to wait

[kissmypoets-hp]

Fanfic Classics Series ⏳🪐🌌 This batch of fanfiction deals with the multiverse!!! Time travel!!! Imminent thoughts about life and death!! Past lives and dreams of a future together — get ready to witness a love for the ages.

the earth from a distance by spqr

A Beginner’s Guide to the Afterlife by mcsyndrome

Us, infinite (unfortunately) by @thecouchsofa

"An Emerald In The Sky" by @corvuscrowned

In Every Universe by @skeptiquewrites

Our Little Life by @tackytigerfic

Dwelling by aideomai

there will be time, there will be time by @amywaterwings

Harry Potter and the Future He Doesn't Really Want, Thanks. by orphan_account

Everything is Relative to You by @thehoneybeet

The Star Splitter by @oflights

art credits + some cover commentary under the cut :)

I had a lot of fun finding/using artworks with circles, lines, and shapes to symbolize different worlds/universes and/or the passage of time...

Artworks used, in order:

"Several Circles" by Wassily Kandinsky (1926)

"To all appearances, it was a hand of flesh and blood just like my own" by Odilon Redon (1896) — A ghostly hand that fits the plot. The artwork's title goes with the fic so well too...

"(#2) (from series, Quantum)" by Garo Antreasian (1966)

"The story of the sun, moon, and stars (1898)" by Agnes Giberne — inspired by the summary "Somewhere along the way, Draco realizes he's been thinking in lines, when he should have been thinking in circles." The original artwork comes with a caption 'Stars whose distances are well-known'... I really feel that it fits since Draco was named after a constellation... Also, the star-circles have numbers on them, which could be interpreted as H/D through different ages...

Max Brückner’s Collection of Polyhedral Models (1900) — Exploring different parallel universe versions of yourself... the more things change, the more they stay the same.

"Construction (SM lg71)" by László Moholy-Nagy (1924) — some mild spoilers for the fic! inspired by the phrases "...plot a path through the many universes such that he would never die." / "flickering through timelines? Just getting glimpses, really" .

"Fish Magic" by Paul Klee (1925)

"The Terrace at Saint-Germain, Spring" by Alfred Sisley (1875)

"Arrival of the Normandy Train, Gare Saint-Lazare" by Claude Monet (1877)

"Charing Cross Bridge: Fog on the Thames" by Claude Monet (1903) — referenced in the fic. i try to pay attention!

"Boy with Kite" by Candido Portinari (1947) — Harry is a precious little lamb. more elaboration here

i’ve been making penguin classics-style covers for fics i have saved on my kindle, as inspired by zeziliazink and bubu0h’s works!

[maxwell-grant]

IT'S OUR MOUSE NOW

[its-your-mind]

Mickey Mouse

blasts

Moby Dick

in the eyes

with

a cannonball.

And

Moby Dick

doesn’t like it

even one little bit.

[roseapprentice]

The Tuesday after Halloween, don't forget to throw away the most rotten pumpkin of all!

...if you are eligible to vote in the US

[anonymocha]

Farewell Rayashki

[lilaccatholic]

Complex feelings about copyright and Disney's appalling ethics aside, it does unsettle me how quickly people jump to make and monetize the most unnerving, depraved content imaginable about characters created for children the second it hits the public domain

[infernothechaosgod]

Flapper fanny gif is finally done!

Oh my godness this took so much out of me ToT i feel like i could go off on the bg a bit more but none other versions gave off the vibe I wanted it to so I went with this

This gif if officialy my pride and joy of the month

[a-devious-route]

The more you know:

[FR] J'ai découvert (thanks tiktok) ce petit site bien pratique qui référence des images qui sont libres de droits et/ou maintenant dans le domaine publique!

Je ne crois pas avoir vu beaucoup de gens en parler par ici, mais sharing is caring donc voilà! Si vous chercher des textures/images pour vos créations, je crois que vous allez en avoir pour un bon moment à hoarder le tout et explorer la plateforme!

-------

[EN] I discovered (thanks tiktok) this handy little site that references images that are royalty-free and/or now in the public domain!

I don't think I've seen many people talking about it around here, but sharing is caring so here you go! If you're looking for textures/images for your creations, I think you'll be hoarding and exploring the platform for a while !

See yah!

[sodaft-potato]

Last digital drawings I was able to do before one of my drawing tablet's cords died (and took one of the tablet's display ports with it). Hopefully I can get the money to buy another cord soon. In the meantime I'll try to get back in the swing of traditional sketches.

[prokopetz]

The reason why we're suddenly seeing a bunch of indie video games – particularly American indie video games – using vintage music is because the US finally has a public domain in sound recordings.

For context, until 1972, there was no federal copyright regime in the US for sound recordings; intellectual property law for sound recordings was devolved to the individual states, meaning there were fifty different sets of rules that might apply to any given recording, and some states allowed sound recordings to be protected for an indefinite term – i.e., in essence, perpetual copyright without expiration.

What changed in 1972 was the Sound Recording Amendment, which established unified federal copyright on sound recordings for the first time, but which allowed any pre-existing state-level copyrights for sound recordings published prior to February 15th, 1972 to run for their full term. Since most state-level sound recording copyrights had no fixed term (see above), this was capped at the "publication plus 95 years" rule which applies to other federal copyrights – with the twist that the 95-year cap on previously perpetual sound recording copyrights would count from 1972, not from the date of publication.

This effectively meant that no sound recordings in the US would enter the public domain until February 15th, 2067 – which doesn't do anyone a whole lot of good right now!

Fast forward to 2018, when another piece of federal legislation, the Music Modernisation Act, was passed. Though this act was mainly concerned with streaming royalties and such, it also contained provisions to grandfather certain sound recordings into the public domain earlier than the Sound Recording Amendment's all-or-nothing 2067 deadline. Specifically:

On January 1st, 2022, all sound recordings published before 1923 would enter the public domain

Sound recording published from 1923 through 1946 will enter the public domain 100 years after the date of first publication

Sound recordings published from 1947 through 1956 will enter the public domain 110 years after the date of first publication

In practice, what this means is:

All sound recordings first published before 1923 entered the public domain last year, on January 1st, 2022;

This year, 2023, is a "gap year" in which no sound recordings enter the public domain (i.e., being the 100th and final year of protection for sound recordings first published in 1923); and

On January 1st of next year – that is, January 1st of 2024 – new batches of sound recordings will begin to enter the US public domain on a yearly basis for the first time in history, starting with sound recordings first published in 1923.

[baronafanas002]

Only a few more years to go guys!