The first of January of each year is, well, the New Year’s Day for most part of the world. It is also another reason for celebration for some authors, researchers, archivists and book publishers. January 1st also happens to be Public Domain Day. Each year on this day the copyright in older works expires [based on the term of copyright of that country] and are open to the public to do as they please. This year the New Year saw the release of the two monumental autobiographies into the public domain, Hitler’s autobiography Mein Kampf and the Diary of Anne Frank.  A heavily annotated version of Mein Kampf is on the pipeline.

Under the European Copyright law, a copyright to a work runs throughout the life of the author and for 70 years after his death. Hence the rights to this book expired on the 1st of January 70 years after his death. Hence now the book is in public domain and is free to be interpreted or used in any manner. The problem with books that deal with sensitive issues, when left to the public domain, there is a risk of it being misinterpreted.

What is Public Domain? And what is the period of Copyright in India?

 A Copyright is simply a right on the owner of a literary, musical or artistic work to have ownership over his work against the whole world, and the people who use his work must do so under a license from him and pay him a definite royalty. This is done to ensure that people do not take undue advantage of a work and a pass off something that is not theirs, as theirs. Copyrights are not for perpetuity and have an expiry period, after the death of the creator of the work and after a reasonable amount of years, the copyright expires and enters the public domain. A public domain would mean a state where the copyright it free for use, interpretation, modification, adaptation and any other form of use. It might be more relatable, if say that you could download the work for free.

 In India Literary, musical or artistic works (other than photographs) are granted copyright protection during the lifetime of the author and a period of 60 years after his/her death.

However, if the work had not been published or broadcast during the lifetime of the author the copyright of the work will subsist 60 years after the work has been brought before the public.

Copyright works such as photographs, cinematograph films and computer programs are protected for a period of 60 years after they are made publicly available, with the consent of the author, failing which 60 years from the date on which the work was made.

With respect to sound recordings the period is 60 years from the end of the year in which the recording is first published.

The case of Sherlock Holmes and the US Copyright Law on Public Domain

A favorite character to have a not so elementary entry into the public domain was the world famous detective Sherlock Holmes. The real controversy began when the heirs of Sir Author Conn Doyle’s estate threatened to sue the editor of a book of original Holmes fiction if the author didn’t pay licensing fees.

It was also in furtherance of a book which changed the character of Sherlock to be more amicable and friendly. Though the 70 years period was over of the European copyright, out of a total of 56 short stories and four novels to feature Holmes, a final 10 short stories that Conan Doyle published between 1923 and 1927 are still protected by copyright in the United States. The US court stated that Sherlock was to remain in public domain.

As interesting as the case was the decision did not disappoint, the Judges stated that the estates argument was similar to an argument that the copyright on Star Wars, Episodes IV, V and VI were extended because of the releases of Episodes I, II and III.

Similarly, the reason also why most American Classics are yet not in the public domain because of the Extended Copyright terms in the United States. This 1998 Act extended the term to the life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication, whichever endpoint Is earlier. Copyright protection for works published prior to January 1, 1978, was increased by 20 years to a total of 95 years from their publication date.

Hence now you know why there are so many spin offs of your favorite characters, from Sherlock Holmes, to Jeeves and Wooster, and as years go buy there would be additions to the number of character coming back to life. Bibliophiles, keep the 1st day of the year marked to see which of your favorite, books, movies or songs enter public domain. Interestingly, I imagine how it would be when our childhood classics and favorite characters like Harry, Ron and Hermionie would enter public domain, and maybe have a novel where Snape does marry Lilly. (No spoilers intended).

This article has been authored by Shwetha, an IP Law practitioner.