In 1976, Congress set fire to the country's libraries; in 1998, they did it again. Today, in 2024, the flames have died down, and out of the ashes a new public domain is growing. Happy Public Domain Day 2025 to all who celebrate!
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If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2024/12/17/dastar-dly-deeds/#roast-in-piss-sonny-bono
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For most of US history, copyright was something you had to ask for. To copyright a work, you'd send a copy to the Library of Congress and they'd issue you a copyright. Not only did that let you display a copyright mark on your work - so people would know they weren't allowed to copy it without your permission - but if anyone wanted to figure out who to ask in order to get permission to copy or adapt a work, they could just go look up the paperwork at the LoC.
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In 1976, Congress amended the Copyright Act to eliminate the "formality" of copyright registration. Now, all creative works of human authorship were copyrighted "at the moment of fixation" - the instant you drew, typed, wrote, filmed, or recorded them. From a toddler's nursery-school finger-painting to a graffiti mural on a subway car, every creative act suddenly became an article of property.
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But whose property? That was on you to figure out, before you could copy, publish, perform, or preserve the work, because without registration, permissions had to start with a scavenger hunt for the person who could grant it. Congress simultaneously enacted a massive expansion of property rights, while abolishing the title registry that spelled out who owned what.
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As though this wasn't enough, Congress reached back in time and plopped an extra 20 years' onto the copyrights of existing works, even ones whose authors were unknown and unlocatable.
For the next 20 years, creative workers, archivists, educators and fans struggled in the face of this regime of unknowable property rights. After decades of well-documented problems, Congress acted again: they made it worse.
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In 1998, Congress passed the Sonny Bono Copyright Act, AKA the Mickey Mouse Preservation Act, AKA the Copyright Term Extension Act. The 1998 Act tacked another 20 years onto copyright terms, but not just for works that were still in copyright. At the insistence of Disney, Congress actually yanked works out of the public domain - works that had been anthologized, adapted and re-issued - and put them back into copyright for two more decades.
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Copyright stretched to the century-plus "life plus 70 years" term. Nothing entered the public domain for the next 20 years.
So many of my comrades in the fight for the public domain were certain that this would happen again in 2018. In 2010, e-book inventor and Project Gutenberg founder Michael S Hart and I got into a friendly email argument because he was positive that in 2018, Congress would set fire to the public domain again.
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When I insisted that there was no way this could happen given the public bitterness over the 1998 Act, he told me I was being naive, but said he hoped that I was right.
Michael didn't live to see it, but in 2019, the public domain opened again. It was an incredible day:
https://archive.org/details/ClosingKeynoteForGrandReopeningOfThePublicDomainCoryDoctorowAtInternetArchive
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No one has done a better job of chronicling the fortunes of our fragile, beautiful, bounteous public domain than Jennifer Jenkins and James Boyle of Duke University's Center for the Study of the Public Domain. Every year from 2010-2019, Boyle and Jenkins chronicled the works that weren't entering the public domain because of the 1998 Act, making sure we knew what had been stolen from our cultural commons.
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In so many cases, these works disappeared before their copyrights expired, for example, the majority of silent films are lost forever.
Then, in 2019, Jenkins and Boyle got to start cataloging the works that were entering the public domain, most of them from 1923 (copyright is complicated, so not everything that entered the public domain in 2019 was from that year):
https://web.law.duke.edu/cspd/publicdomainday/2019/
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Every year since, they've celebrated a new bumper crop. Last year, we got Mickey Mouse!
https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey
In addition to numerous other works - by Woolf, Hemingway, Doyle, Christie, Proust, Hesse, Milne, DuBois, Frost, Chaplin, Escher, and more:
https://pluralistic.net/2023/12/20/em-oh-you-ess-ee/#sexytimes
Now, 2024 was a fantastic year for the public domain, but - as you'll see in the 2025 edition of the Public Domain Day post - 2025 is even better:
https://web.law.duke.edu/cspd/publicdomainday/2025/
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So what's entering the public domain this year? Well, for one thing, there's more of the stuff from last year, which makes sense: if Hemingway's first books entered the PD last year, then this year, we'll the books he wrote next (and this will continue every year until we catch up with Hemingway's tragic death).
There are some big hits from our returning champions, like Woolf's To the Lighthouse and A Farewell to Arms from Hemingway.
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Jenkins and Boyle call particular attention to one book: Faulkner's The Sound and the Fury, its title taken from a public domain work by Shakespeare.
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As they write, Faulkner spoke eloquently about the nature of posterity and culture:
[Humanity] is immortal, not because he alone among creatures has an inexhaustible voice, but because he has a soul, a spirit capable of compassion and sacrifice and endurance...The poet’s voice need not merely be the record of man, it can be one of the props, the pillars to help him endure and prevail.
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The main attraction on last year's Public Domain Day was the entry of Steamboat Willie - the first Mickey Mouse cartoon - into the public domain. This year, we're getting a dozen new Mickey cartoons, including the first Mickey talkie:
https://en.wikipedia.org/wiki/Mickey_Mouse_(film_series)#1929
Those 12 shorts represent a kind of creative explosion for the Disney Studios. Those early Mickey cartoons were, each and every one, a hybrid of new copyrighted works and the public domain.
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The backbone of each Mickey short was a beloved, public domain song, with Mickey's motion synched to the beat (animators came to call this "mickey mousing"). In 1929, there was a huge crop of public domain music that anyone could use this way:
Blue Danube, Pop Goes the Weasel, Yankee Doodle, Here We Go Round the Mulberry Bush, Ach Du Lieber Augustin, Listen to the Mocking Bird, A-Hunting We Will Go, Dixie, The Girl I Left Behind Me...
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...a tune known as the snake charmer song,...Coming Thru the Rye, Mary Had a Little Lamb, Auld Lang Syne, Aloha ‘Oe, Turkey in the Straw, My Bonnie Lies Over the Ocean, Habanera and Toreador Song from Carmen, Lizst’s Hungarian Rhapsody No. 2, and Goodnight, Ladies.
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These were recent compositions, songs that were written and popularized in the lifetimes of the parents and grandparents who took their kids to the movies to see Mickey shorts like "The Barn Dance," "The Opry House" and "The Jazz Fool." The ability to plunder this music at will was key to the success of Mickey Mouse and Disney. Think of all the Mickeys and Disneys we've lost by locking up the public domain for the past half-century!
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This year, we're getting some outstanding new old music for our public domain. The complexities of copyright terms mean that compositions from 1929 are entering the public domain, but we're only getting recordings from 1924.
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1924's outstanding recordings include:
George Gershwin performing Rhapsody in Blue, Jelly Roll Morton playing Shreveport Stomp, and an early recording from contralto and civil rights icon Marian Anderson, who is famous for her 1939 performance to an integrated audience of over 75,000 people at the Lincoln Memorial. Anderson’s 1924 recording is of the spiritual Nobody Knows the Trouble I’ve Seen.
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While the compositions include Singin' in the Rain, Ain't Misbehavin', An American in Paris, Bolero, (What Did I Do to Be So) Black and Blue, Tiptoe Through the Tulips, Happy Days Are Here Again, What Is This Thing Called, Love?, Am I Blue? and many, many more.
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@pluralistic >every creative act suddenly became an article of property.
That is an error.
Copyright restricts the expression, distribution and modification of works, but it is not a property law.
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