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Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is Copyright Free (hyperallergic.com)

492 points by aaronbrethorst · 2476 days ago · 119 comments on HN

Article summary

As of January 1, 2020, works from 1924, including George Gershwin's 'Rhapsody in Blue', have entered the public domain in the US. This means that anyone can now access, remix, and republish these works without needing permission or paying royalties. Other notable works entering the public domain include films by Buster Keaton, books by Thomas Mann and Agatha Christie, and music by Jelly Roll Morton. These works will be available on platforms like the Internet Archive, Hathi Trust, and Google Books.

Main themes

  • public domain
  • copyright law
  • intellectual property
  • trademark law
  • cultural heritage
  • creativity and innovation
  • international copyright implications
  • music and software licensing

What commenters say

  • The copyright extension in 1998 was largely driven by lobbying from Disney and the Gershwin estate, and a similar extension may be attempted in the future.
  • Disney may rely on trademark law to protect its intellectual property instead of seeking another copyright extension.
  • The EU's copyright term extension was driven by its own publishing and photography lobbies, rather than just Disney's influence.
  • The use of trademark law to protect intellectual property could lead to a 'brand icon' exemption, which would exempt certain characters from copyright expiration.
  • Some commenters believe that the public domain is essential for preserving cultural heritage and promoting creativity, while others see it as a threat to the financial interests of creators and rights holders.
  • The development of software that can generate passable renditions of public domain music raises questions about the ownership and licensing of these digital versions.
  • The distinction between copyright and trademark law is crucial in understanding the protection of intellectual property, and the two should not be confused.
  • The international implications of copyright law, including the Berne Convention, add complexity to the discussion of public domain works and their use across borders.