Artworks Entering Public Domain
It has been over 70 years since Matisse, Derain, and Kahlo passed away in 1954. You know what that means, their artworks are now in the public domain. In the US, the UK, the EU, South America, and some other countries, the copyright duration typically lasts for “life plus 70 years.” In Africa and Asia, the copyright protection term is “life plus 50 years,” so works by auteurs who died in 1974 have also lost their copyright.
This cultural milestone is commemorated as Public Domain Day at the beginning of each new year. It is celebrated by creators as it enables the free use of works that would have previously infringed upon copyright laws. The UK-based group Public Domain Review and Duke University’s Center for the Public Domain both released lists this week detailing works that are now public domain, with the former presenting an advent-style calendar.
Commissioned Literary Works in the US
Commissioned books and published media in the US, however, transition to the public domain 95 years post-release, signifying that works from 1929 will also relinquish their copyright protection this year.
When artist Xavier Marabout parodied characters from “The Adventures of Tintin” created by Belgian artist Georges Remi –better known as Hergé— he faced legal actions. With Tintin characters now entering the public domain, it alleviates Marabout, who may now create and sell his works in the US, freely.
How Long Do Copyright Applies to Paintings and Books?
Copyright protections for paintings and published books generally extend for 95 years in the US from the publication date, implying that works from 1929 are now free of copyright. Popeye, the beloved sailor who has a fondness for spinach, made his first appearance in E.C. Segar’s comic strip Thimble Theatre in 1929; has now joined the rank of Pooh Bear and Mickey Mouse in the public domain. However, the trademarks associated with his name and image continue to be controlled by King Features Syndicate.
What Does This Change Mean for Artists
This change allows creators to use the characters as they were originally portrayed. They may also reinterpret or adapt the stories in which they appeared, or craft new stories, parodies, and more. However, since the trademarks remain active and do not expire, names like “Mickey Mouse” or “Popeye” cannot be utilized in a manner that could confuse consumers about the company’s branding or marketing products.
What Else Enters the Public Domain?
The following artworks, literature, films, and music are also copyright-free this year.
- Films: Blackmail (directed by Alfred Hitchcock), Dynamite (directed by Cecil B. DeMille)
- Books: Cup of Gold (John Steinbeck), A Room of One’s Own (Virginia Woolf), the original German version of Letters to a Young Poet (Rainer Maria Rilke)
- Music: The 1929 recording of Rhapsody in Blue (George Gershwin), songs for Singin’ in the Rain (lyrics by Arthur Freed, music by Nacio Herb Brown), Boléro (Maurice Ravel)
- Visual Art: Salvador Dalí’s Illumined Pleasures, The Accommodations of Desire, and The Great Masturbator, which were all published in La Révolution surréaliste in 1929.
What Does the Center for the Public Domain Speak About It?
Nevertheless, as outlined by the Center for the Public Domain, determining the copyright status of specific visual artworks can be particularly complex, owing to the sometimes conflicting information regarding creation and publication dates. Establishing a conclusive answer requires consulting art historians and examining catalogues and magazines from that era, as illustrated in a blog post by the organization, featuring René Magritte’s The Treachery of Images as a case study.
Image Courtesy – Artnet News
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