Public Domain Questions

[GoldenRule]

Hi,

I was wondering if it is allowed to apply for a copyright on public domain videos. If so, can it be the original or does the video have to be modified or digitally enhanced? This question is related to what I had planned on having as a bonus for my product.

Initially, I was planning to have some vintage videos as a bonus to my product, as they directly relate to the product. I then discovered that there is someone on eBay selling those exact same vids because they are in the public domain. I need an opinion on if I should 1) also sell those same vids on ebay, 2) copyright protect them (if that's allowed) and eliminate the seller as competition (he sells may other vintage materials) or 3) still proceed with the plan of including these videos as a bonus. If I use them as a bonus, I am just sending out a link that leads to my website where they can be viewed.

One final question, how could I turn this into a lead capture if I use them as bonuses. I currently don't have a newsletter, so once they are on my site I would need another reason to capture their email.

Thanks.
Ken

[GoldenRule]

OK, if the public domain question is a tricky one, could someone still provide me some feedback about my eBay bonuses question. I would sure appreciate it.

Thanks.
Ken

[schabotte]

You can use public domain materials to make what is called a derivative work and that derivative work can be copyrighted.

Wikipedia has a good - if somewhat technical - description of a derivative work:

Derivative work - Wikipedia, the free encyclopedia

Basically, it boils down to making creative modifications to an existing public domain work - with the key being creative - to be able to qualify for a copyright.

For instance, if you took vintage film clips and just applied filters to clean it up, that is not creative but if you took a black and white clip and colorized it, that would be creative.

If you took a clip and removed the sound track and put in your own new sound track, you could copyright that but the actual video portion would still be public domain as no creative work was done on that portion of your product.

In other words, it is possible to create a work that can be copyrighted but still has elements that are still in the public domain. Your copyright only protects those elements that are new.

The copyright office has several good resources on this (U.S. Copyright Office) or for an excellent book, consider

The Public Domain

How to Find Copyright-Free Writings, Music, Art & More

by Attorney Stephen Fishman


at Nolo: Law Books, Legal Forms and Legal Software


as an excellent resource on the subject.

[workfromhomejobs]

I think you can have copyright but usually copyright won't last.

[sharp21]

What are some resources besides Project Gutenberg for finding public domain material?
Also, if I have an old book that qualifies, can I just re-type it, package it, then use it?
S.

[GoldenRule]

OK, thanks guys. Does anyone have a personal opinion about whether I should just include these vintage videos as bonuses to my product or try to sell them like someone is already doing in eBay.

[write-stuff]

Pay attention to what schabotte said. He nailed it for you.
- Russ

[Jassa]

Why can't you do both? The internet is a big place... nearly identical products can be found in different places for enormous difference in price. Your potential customers may never think of looking on ebay.

It's a bit difficult to give you an answer to your last question because we don't know anything about your product.

If you made your ebay 'package' a bit different to your competitors you should be ok (...and you wouldn't have to focus on ELIMINATING him BTW, have you researched to see how many he is actually selling?

[GoldenRule]

Why can't you do both? The internet is a big place... nearly identical products can be found in different places for enormous difference in price. Your potential customers may never think of looking on ebay.

I actually had thought of that as well. The thing is though, I was planning to sell the ebook on eBay, that would have the bonus vintage videos included as a bonus. Do you think it would work if I sold the videos in a different catagory?

If you made your ebay 'package' a bit different to your competitors you should be ok (...and you wouldn't have to focus on ELIMINATING him

Yes, I definately see the point here.

BTW, have you researched to see how many he is actually selling?

After you made this suggestion, I looked at the completed listing for that item and he sold 1 at $1.26 and another at $0.99. (I don't know what time period that shows). So it looks like I needn't worry about giving them away either.

[Jassa]

That's good then - and over-delivering always brings good things in the long run...

Good luck with your project!

[GoldenRule]

Thanks Jassa,

Best of luck to you as well in your endeavors!

Ken

[schabotte]

Originally Posted by sharp21

What are some resources besides Project Gutenberg for finding public domain material?
Also, if I have an old book that qualifies, can I just re-type it, package it, then use it?
S.

You want to check out archive.org. They are sort of a clearinghouse for public domain works - books, audio, movies, etc. They have over 1 million books/text works scanned. But take the time to read the descriptions as some have license restrictions on their use (mostly the ones scanned by Microsoft.)

And if you have a physical book that is in the public domain, you can use it any way you want, including typing it to convert it into a more usable form.

[Josh Anderson]

The copyright office has several good resources on this (U.S. Copyright Office) or for an excellent book, consider

The Public Domain

How to Find Copyright-Free Writings, Music, Art & More

by Attorney Stephen Fishman


at Nolo: Law Books, Legal Forms and Legal Software

Whatever you do get that book.

It will answer your question in this thread and many others. Its better than anything else I have ever seen published on the subject of Public Domain including expensive courses from Internet Marketing gurus.

The knowledge you will gain from it can make you a lot of money.

You can copyright a derivative work. But you must first ad substantially to the work. All content once in the public domain can never be taken out of the public domain. Only the new content you create can be copyrighted.

The question of whether digital enhancement qualifies for copyright protection is best answered by a lawyer specializing in the area but you should find the answer in the Nolo book as well.

The answer to your question on whether you can copyright a public domain video is NO.

The public domain is "public" and once it has entered into the public domain it cannot be taken out of the public domain.

To qualify as a derivative work you must make substantial changes/additions to the original work but the original work will always remain in the public domain. Only the derivative work would be copyrightable.

[naruq]

I would include your vintage videos as bonuses.

[Jassa]

I'd like to ask a question now...

Many public domain sites have in their Terms and Conditions something like 'permission is granted only for private and educational use'. (That is not the exact wording but I could hunt around to find it if necessary - I've seen it on quite a few PD sites).

Does this mean that we can use it on our own website - as long as we don't actually sell the image/book/video to someone??

Also, would we be able to use it to 'enhance' a product we have made with the object of selling?

Up until recently, I thought that it meant 'no', that we could only use it in our homes, so to speak, or if we are a student, but something I read recently - and I'm afraid I can't remember what it was - made me think that I've been mistaken and that we can use it as long as we don't actually SELL it.

I would really like to know the answer to this...