What is the public domain for purposes of copyright?
In the context of copyright law, the public domain encompasses: facts, ideas, works for which copyright expired, works for which the owner has abandoned their copyright, and many federal government publications. If a work is in the public domain, it is available for anyone to use. We see countless books using classical works, like Shakespeare. No one has to ask permission or pay a fee. Likewise, people can develop derivative works based on public domain material without permission. An example of that is the musical “Westside Story” which was based on “Romeo and Juliet.” Individual words, names and short phrases (slogans) are not protected by copyright. But they may be protected by trademark law, so be careful. Titles to works are not protected by copyright but may be by laws against unfair competition if the title is strongly identified in the public’s mind with the author.
