Public Domain

[This question comes from a regional BOCES.]

Our technology integration specialist suggested that we use an AI tool to re-level books/text by an original author to a more appropriate reading level for students who are struggling. This is now being used regularly with our special education staff for students who are struggling readers. Is this an infringement of copyright?

In the spirit of learning, I am going to answer this question in a multiple-choice quiz.  For purposes of the quiz, we’ll use the member’s term “re-level” for generating simplified versions of curricular materials.

[NOTE: If you are not feeling playful and just need the answer, please read footnote #2 and skip to the “Final Paragraphs” section of this response.]

An academic librarian relayed this question from a researcher/author:

First, some validation: the faculty member is wise to be considering this issue, since publishing contracts[1] almost always put the responsibility and liability for photo clearances on the author.

I am of the understanding that NYS departments documentation falls under public domain. Can you provide any insight into this? Thank you!

I can most certainly provide some insight on this topic. But first, some terminology...

For readers who don't know, the "public domain" is the "place" distinct works of authorship (poems, paintings, books, etc.) go to when they are no longer protected by copyright. When a work is "in" the "public domain" it means it can be used without fear of copyright infringement.

The song “Pomp & Circumstance” is in the public domain.

Is it permissible for students to play this music while being recorded and for the district to stream it live as well as distribute a link to the recording later?

Not only can the students play, record, and stream “Pomp & Circumstance,” but they can also create an original musical based on it, rap over it, score an original movie with it, and in short: do anything they want with it.[1]

I am in the stages of planning a library one-time-only event aimed at getting college students interested in writing their own works of fiction. There are no class credits involved. My premise is “Where do ideas come from?”

For this question, the Law Office of Stephanie Adams, PLLC used a ringer--experienced publishing law and published author Sallie Randolph, who works in our office, advising authors on publishing contracts.  We asked Sallie for her take--as both a copyright attorney and an author--on this intriguing question. Here is her reply:

I am working with an artist on a future display at our library. He is a regionally known professional artist. He is working on an engraving that makes use of a short poem by a deceased, well-known poet.

This is a great question, since it shows how libraries not only provide access to information, but serve as patrons for the arts.  This nurtures local culture, spurs community creativity, and brings special attention to a library.

As the member points out, though, this role also comes with its own set of legal issues, including copyright concerns.

Is it permissible to create an anthology of 20-30 poems, all by British poets, to be distributed to an entire grade level of students to be used for annotation and instruction? [It’s been suggested] that "since they're all available on the internet" they should be able to printed, collected, bound, and sold to students. A few things that I am unclear on are:

I wandered lonely as a cloud…wondering “is there a way to create our own custom array of poems by Wordsworth, Keats, and Burns?”

Is public domain based on the copyright of the work OR is it based on when the author died OR perhaps it is based on something else? 

Basically, how do you know if something is in the public domain? 

Thank you!

The Public Domain…intellectual property’s frontier.   These are the adventures of those working with no copyright.  Their mission: to use pre-existing content, to explore not being sued for infringement, to boldly go where no legal protection has gone before..!

[Insert inspiring theme music here!]

Can we film a story time done at the library using copyrighted books, and then either stream the event live over Facebook for a one-time showing, or film and upload the story time to our library's YouTube channel? The purpose would be so that patrons who cannot come to the library will still be able to participate in story time and gain early literacy benefits.

This is a lovely idea, but any library considering something like this should get assurance that the work is in the public domain[1], or have permission from the authorized licensor (who is not always the copyright holder), before filming/streaming. 

We would like to digitize newspapers that were published prior to 1923. Since the paper is still in business, does public domain apply in this case? They are very difficult to deal with. We do have a contact there. However, if there is nothing stopping us from digitizing the older issues, we prefer not to deal with them.

You have confirmed that the “Buffalo Evening News” (and other iterations) content originates BEFORE the strategic “1923” date confirmed by the Copyright Office (Circular 15a) as in the public domain.  This is true whether the original article or image was owned by the paper, or licensed by the paper and owned by another person or entity.