Q: If something is in the public domain, can we use the title, name, music, etc without issues?
If something like a book, movie, music, etc is in the public domain (eg, Mickey Mouse, Snow White, Wizard of Oz, etc), does that mean that we can use the title, character names, music, etc for free without permission? I realize that if the modernized version is different from that of the public domain, we can't use the updated version but what if we just want to use the name Mickey Mouse, as a mouse like character which is actually a serial killer or our own spin/take on the character? When something becomes public domain, how much leeway do we have to use derivative IP? Like I have heard that someone can trademark a name that is in the public domain. How does that work? Thank you.
A: To start with, it is pertinent to point out that Copyright is not granted or owned in perpetuity. That being the case, Copyright is granted for a term certain; usually for the entire duration of the copyright holders' lifetime and a specified period after their death. From the end of their copyright, the copyright-protected work enters the Public Domain for use and/or commercial exploitation for non-copyright holders to that work. Thus, once a work enters the public domain, a non-copyright holder of that work can commercially exploit it without having to seek permission from anyone--after all, the work is already in the public domain. The protection afforded the copyright holder has lapsed. It should be noted that, depending on jurisdictions, parties can file for extension of copyright, so it is necessary to check the applicable jurisdiction where you reside so that you find out what's applicable before moving forward.
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A:
When a work enters the public domain, it means that the copyright protection for that work has expired or has been forfeited. This means that the work can be used by anyone without permission or payment of royalties.
However, it is important to be aware that while the original work may be in the public domain, certain elements of the work may still be protected by trademark or other intellectual property rights. For example, while the character of Mickey Mouse may be in the public domain, the name "Mickey Mouse" may still be protected by trademark law.
If you want to use elements of a work that is in the public domain, it is recommended that you consult with an attorney who specializes in intellectual property law to determine the best approach. The attorney can advise you on the specific rights and limitations related to the work and help you navigate any potential legal issues.
Overall, while works in the public domain can be used without permission or payment of royalties, it is important to be aware of any remaining intellectual property rights that may apply to specific elements of the work.
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