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Posts Tagged ‘public domain

“The public domain is the basis for our art, our science, and our self-understanding. It is the raw material from which we make new inventions and create new cultural works.”*…

A collage of various book covers and movie posters, including titles like 'All Quiet on the Western Front,' 'Murder at the Vicarage,' and 'The Little Engine That Could,' along with classic animated characters.

From Nancy Drew to Animal Crackers to The Maltese Falcon, 1930’s greatest works enter the U.S. public domain on January 1, 2026. Aaron Moss counsels us to expect celebration, confusion, and at least one Betty Boop slasher film…

The weather’s getting colder, the nights are getting longer, and Hollywood has decided Betty Boop would be more marketable as a serial killer. It can only mean one thing: Public Domain Day 2026 is upon us.

Regular observers of copyright law’s favorite holiday know the drill: on January 1, 2026, a new crop of creative works from 1930 (along with sound recordings from 1925) will enter the public domain in the United States—ready to be remixed, recycled, or repurposed into B-grade horror films and ill-advised erotica.

This year’s film class is stacked with classics: Howard Hughes’s aviation epic Hell’s Angels (Jean Harlow’s screen debut and, at the time, the most expensive movie ever made); The Big Trail, featuring John Wayne in his first starring role; Greta Garbo’s first talkie, Anna Christie; Bing Crosby’s film debut in King of Jazz; and 1930 Best Picture winner All Quiet on the Western Front. There’s plenty of comedy too, including the Marx Brothers’ Animal Crackers, Laurel and Hardy’s Another Fine Mess, and Soup to Nuts, best remembered for featuring an early iteration of the Three Stooges.

Among the standout literary works in the Public Domain Day Class of 2026 are heavyweights like William Faulkner’s As I Lay Dying, Dashiell Hammett’s The Maltese Falcon, Edna Ferber’s bestseller Cimarron, and Evelyn Waugh’s champagne-soaked satire Vile Bodies. Children’s literature fans can look forward to Swallows and Amazons by Arthur Ransome, Watty Piper’s The Little Engine That Could, and Elizabeth Coatsworth’s Newbery Medal winner The Cat Who Went to Heaven.

Not to take anything away from Hammett’s Sam Spade, but it’s an especially strong year for female detectives—both young and old. The earliest Nancy Drew mysteries from 1930 hit the U.S. public domain on January 1, 2026, as does the first outing of the genteel Miss Marple in Agatha Christie’s The Murder at the Vicarage. Maybe they can team up to solve the mystery of why Hollywood is only interested in using public domain characters to make schlocky horror films.

In the world of comics and animation, two Disney shorts featuring early versions of Pluto are also set to enter the public domain. The future canine star first appeared as an unnamed bloodhound in 1930’s The Chain Gang before resurfacing later that year as Minnie Mouse’s pet “Rover” in The Picnic. He wouldn’t officially become Mickey’s dog Pluto until 1931’s The Moose Hunt—a film set to enter the U.S. public domain in 2027…

Read on for a rundown of more film, characters, and music that’s about to be more freely available: “Public Domain Day 2026 Is Coming: Here’s What to Know,” from @copyrightlately.bsky.social.

* James Boyle, The Public Domain: Enclosing the Commons of the Mind

The Holidays are upon us, and with them, (R)D’s annual solstice hiatus. Regular service will resume on or around January 2; in the meantime (and in lieu of an almanac entry), two seasonal offerings.

First, a collection of pieces from JSTOR: “Winter Holidays“…

December means the winter holidays are upon us: Solstice, Hanukkah, Kwanzaa, St. Stephen’s Day, and New Year’s Eve, with all your favorite wintertime traditions. Celebrate with some seasonal scholarship below. All stories contain free links to the supporting academic research on JSTOR. Happy Holidays!

And then, with your correspondent’s seasonal best, two timely tunes:

“I believe in copyright, within limited precincts. But I also believe in fair use, public domain, and especially transformation”*…

Last Wednesday was a big day. Jennifer Jenkins and James Boyle of the Center for the Study of the Public Domain explain…

On January 1, 2025, thousands of copyrighted works from 1929 [entered] the US public domain, along with sound recordings from 1924. They [are] free for all to copy, share, and build upon. 2025 marks a milestone: all of the books, films, songs, and art published in the 1920s will now be public domain. The literary highlights from 1929 include The Sound and the Fury by William Faulkner, A Farewell to Arms by Ernest Hemingway, and A Room of One’s Own by Virginia Woolf. In film, Mickey Mouse speaks his first words, the Marx Brothers star in their first feature film, and legendary directors from Alfred Hitchcock to John Ford made their first sound films. From comic strips, the original Popeye and Tintin characters will enter the public domain. Among the newly public domain compositions are Gershwin’s An American in Paris, Ravel’s Bolero, Fats Waller’s Ain’t Misbehavin’, and the musical number Singin’ in the Rain. Below is just a handful of the works that will be in the US public domain in 2025. To find more material from 1929, you can visit the Catalogue of Copyright Entries.

The title of Faulkner’s novel was itself taken from a public domain work, Shakespeare’s Macbeth, and its lament over the seeming meaningless of life. “Life…is a tale / Told by an idiot, full of sound and fury, / Signifying nothing.”…

… When works go into the public domain, they can legally be shared, without permission or fee. Community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees. Online repositories such as the Internet Archive, HathiTrust, Google Books, and the New York Public Library can make works fully available online. This helps enable both access to and preservation of cultural materials that might otherwise be lost to history. 1929 was a long time ago and the vast majority of works from that year are not commercially available. You couldn’t buy them, or even find them, if you wanted. When they enter the public domain in 2025, anyone can rescue them from obscurity and make them available, where we can all discover, enjoy, and breathe new life into them.

The public domain is also a wellspring for creativity. You could think of it as the yin to copyright’s yang. Copyright law gives authors important rights that encourage creativity and distribution—this is a very good thing. But the United States Constitution requires that those rights last only for a “limited time,” so that when they expire, works go into the public domain, where future authors can legally build on the past—reimagining the books, making them into films, adapting the songs and movies. That’s a good thing too! It is part of copyright’s ecosystem. The point of copyright is to promote creativity, and the public domain plays a central role in doing so.

How does the public domain feed creativity? Here are just two examples from 2024. You may have enjoyed the film Wicked in 2024. Like many of its predecessors, it is based on L. Frank Baum’s The Wonderful Wizard of Oz books, and it offers origin stories for the Wicked Witch of the West and Glinda the Good. From the literary realm, Percival Everett’s 2024 novel James reimagines Mark Twain’s Adventures of Huckleberry Finn from the perspective of Jim, Huckleberry’s friend who is an escaped slave. The novel won the 2024 National Book Award and Kirkus Prize and was a finalist for the Booker Prize. As summed up by a New York Times review: “‘Huck Finn’ Is a Masterpiece. This Retelling Just Might Be, Too.” Mark Twain famously wanted copyright to last forever—if he had his wish, would his heirs have sued Everett? Thankfully, we did not have to find out, and Everett could publish James without such litigation…

More about the works that have entered the domain and about the underlying copyright regime: “Works from 1929 are open to all, as are sound recordings from 1924!

Pair with the analogically related “Elon Musk and the right’s war on Wikipedia” from @molly.wiki.

And a gentle prod: now (indeed, any time) is a good time to support the Internet Archive.

David Shields

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As we acclaim access, we might note that today is a special day for Baker Street Irregulars the world over, Sherlock Holmes Day.  Sherlockian Carl Thiel (and here):

Morley, incidentally, believed the year of Holmes’s birth was 1853. Subsequent tradition has settled on 1854, largely due to the fact that in the story ‘His Last Bow’ (which takes place in August 1914) Holmes is described as a ‘man of sixty.’

Although Holmes’s date of birth is nowhere mentioned in the Canon (ie, all 60 stories written by Doyle), the 6th of January was first suggested by Christopher Morley (1890-1957) in his ‘Bowling Green’ column in The Saturday Review of Literature in 1933. Through the efforts of the Baker Street Irregulars, and largely the influence of William S Baring-Gould’s 1962 biography of Holmes (Sherlock Holmes of Baker Street: A Biography of the World’s First Consulting Detective), January 6th has become the traditional birthday of the great detective.

Morley wrote: ‘I have not looked up the data, but if, as an astrologer has suggested, Sherlock Holmes was most likely born in January, some observance is due. Therefore, if the matter has never been settled, I nominate January 6th (the date of this issue of the Saturday Review) as his birthday.

The Sherlock Holmes stories have, of course, flourished in the public domain for years…

In the 60 original stories, Holmes was depicted in illustrations as wearing a deerstalker cap in only four. Nowhere does Doyle mention that type of headgear.
image source

Written by (Roughly) Daily

January 6, 2025 at 1:00 am

“A house divided against itself cannot stand”*…

It’s painfully obvious that America is a divided nation. The reasons are many, and have deep roots. Alan Jacobs contemplates three of the most fundamental…

The American Civil War was not that long ago. The last surviving Civil War veteran died two years before my birth. A conflict of that size and scope and horror leaves marks — marks on the land and marks on the national psyche — not readily erased.

I have come to believe that certain habits of mind arising directly from the Civil War still dominate the American consciousness today. I say not specific beliefs but rather intellectual dispositions; and those dispositions account for the form that many of our conflicts take today. Three such habits are especially important.

1. Among Southerners – and I am one – the primary habit is a reliance on consoling lies. In the aftermath of the Civil War Southerners told themselves that the Old South was a culture of nobility and dignity; that slaves were largely content with their lot and better off enslaved than free; that the war was not fought for slavery but in the cause of state’s rights; that Robert E. Lee was a noble and gentle man who disliked slavery; and so on. Such statements were repeated for generations by people who knew that they were evasive at best – the state’s right that the Confederacy was created to defend was the right to own human beings as chattel – and often simply false, and if the people making those statements didn’t consciously understand the falsehood, they kept such knowledge at bay through the ceaseless repetition of their mantras. (Ty Seidule’s book Robert E. Lee and Me is an illuminating account, from the inside, of how such deceptions and self-deceptions work.) And now we see precisely the same practice among the most vociferous supporters of Donald Trump: a determined repetition of assertions – especially that the 2020 Presidential election was stolen, but also concerning COVID–19 and many other matters – that wouldn’t stand up even to casual scrutiny, and therefore don’t receive that scrutiny. It’s easy to fall into a new set of lies when you have a history of embracing a previous set of lies. 

2. Among Northerners, the corresponding habit is a confidence in one’s own moral superiority. Because the North was right and the South wrong about the institution of slavery, it was easy for the North then to dismiss any evidence of its own complicity in racism. Our cause is righteous – that is all we know on earth, and all we need know. (But if our cause is righteous, doesn’t that suggest that we are too?) And then, later, whenever there were political conflicts in which the majority of Northerners were on one side and the majority of Southerners on the other – about taxation, or religious liberty, or anything – the temptation was irresistible to explain the disagreement always by the same cause: the moral rectitude of the one side, the moral corruption of the other. The result (visible on almost every page of the New York Times, for instance) is a pervasive smugness that enrages many observers while remaining completely invisible to those who have fallen into it. 

3. And among Black Americans, the relevant disposition is a settled suspicion of any declarations of achieved freedom. Emancipation, it turns out, is not achieved by proclamation; nor is it achieved by the purely legal elimination of slavery. Abolition did not end discrimination or violence; indeed, it ushered in a new era of danger for many (the era of lynching) and a new legal system (Jim Crow) that scarcely altered the economic conditions of the recently enslaved. After this happens two or three times you learn to be skeptical, and you teach your children to be skeptical. Brown v. Board of Education produces equal educational opportunity for blacks and whites? We have our doubts. The Civil Rights Act outlaws racial discrimination? We’ll see about that. I wonder how many times Black Americans have heard that racism is over. They don’t, as far as I can tell anyway, believe that things haven’t gotten better; but they believe that improvement has been slow and uneven, and that many injustices that Americans think have died are in fact alive and often enough thriving.   

I think these three persistent habits of mind explain many of the conflicts that beset Americans today. And if I were to rank them in order of justifiability, I would say: the first is tragically unjustifiable — and the chief reason why, to my lasting grief, we Southerners have so often allowed our vices to displace our virtues —; the second is understandable but dangerously misleading; and the third … well, the third is pretty damn hard to disagree with.  

As the man [William Faulkner] said: The past is not dead; it is not even past. 

From Jabob’s always-illuminating blog, Snakes and Ladders, “habits of the American mind.” You can follow him at @ayjay.

[Image above: source]

* Abraham Lincoln (in his speech to the Illinois Republican State Convention, Springfield, Illinois June 16, 1858)

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As we dwell on division, we might recall that it was on this date in 1787 that an organic act of the Congress of the Confederation of the United States, the Northwest Ordinance. It created the Northwest Territory, the new nation’s first organized incorporated territory, from lands beyond the Appalachian Mountains, between British North America and the Great Lakes to the north and the Ohio River to the south. The upper Mississippi River formed the territory’s western boundary; Pennsylvania was the eastern boundary.

Considered one of the most important legislative acts of the Confederation Congress, it established the precedent by which the federal government would be sovereign and expand westward with the admission of new states, rather than with the expansion of existing states and their established sovereignty under the Articles of Confederation. It also protected civil liberties and outlawed slavery in the new territories and set legislative precedent with regard to American public domain lands.

The prohibition of slavery in the territory had the practical effect of establishing the Ohio River as the geographic divide between slave states and free states from the Appalachian Mountains to the Mississippi River, an extension of the Mason–Dixon line, helping set the stage for later federal political conflicts over slavery during the 19th century until the Civil War.

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“Widespread public access to knowledge, like public education, is one of the pillars of our democracy, a guarantee that we can maintain a well-informed citizenry”*…

 

Top Row (left to right): André Breton; Buster Keaton; László Moholy-Nagy   Middle Row (left to right): Gertrude Stein; H. G. Wells; Frank O’Hara; Alfred Stieglitz   Bottom Row (left to right): Evelyn Waugh; D. T. Suzuki; Paul Nash; Mina Loy

Via Public Domain Review

Pictured above is our top pick of those whose works will, on 1st January 2017, enter the public domain in many countries around the world. Of the eleven featured, five will be entering the public domain in countries with a “life plus 70 years” copyright term (e.g. most European Union members, Brazil, Israel, Nigeria, Russia, Turkey, etc.) and six in countries with a “life plus 50 years” copyright term (e.g. Canada, New Zealand, and many countries in Asia and Africa) — those that died in the year 1946 and 1966 respectively. As always it’s a varied gaggle who’ve assembled for our graduation photo, including the founder of the Surrealist movement, a star of the silent film era, the Japanese author behind the popularisation of Buddhism in the West, two female writers at the heart of the Modernist scene, and one of the “fathers of science fiction”…

More on each of the “graduates” at Class of 2017.

* Scott Turow, attorney, author, President of the Author’s Guild

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As we share and share alike, we might send foresightful birthday greetings to Erasmus Darwin; he was born on this date in 1731.  Erasmus was an accomplished doctor (he declined an offer to be personal physician to Charles III).  He was also a restless inventor, devising both a copying machine and a speaking machine to impress his friends (inventions he shared rather than patenting). But he is better remembered as a key thinker in the “Midlands Enlightenment”– a founder of the Lunar Society of Birmingham and author of (among other works) The Botanic Garden, a poem that anticipates the Big Bang theory in its description of an explosion, a “mass” which “starts into a million suns,” and Zoonomia, or, The Laws of Organic Life, which contained one of the first formal theories of evolution… one that foreshadowed the theories of Erasmus’ reader– and grandson– Charles… all of which are in the public domain.

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Written by (Roughly) Daily

December 12, 2016 at 1:01 am