What to Consider When Defining Public Domain in Los Angeles
If you’re a business owner in Los Angeles, you have a variety of responsibilities as far as the law is concerned3 min read
If you’re a business owner in Los Angeles, you have a variety of responsibilities as far as the law is concerned. One of these is making sure you’re familiar with and adhering to public domain law. Here, we’ll discuss the five most important considerations when it comes to understanding public domain definitions and regulations in Los Angeles.
Public domain is a legal term that refers to a piece of work or idea whose rights have expired or been forfeited for some other reason. In legal terms, works meant for the public domain are free of copyright and other intellectual property restrictions and can be used without explicit permission. For example, you might decide to use textual or visual material found in the public domain in a creative project. There are certain situations in which using public domain material is virtually risk free; understanding the difference is key.
First, you should be aware of the concept of creative commons. Creative commons is a nonprofit organization that provides free legal tools for those who would like to legally share their works. Generally speaking, creative commons works are in the public domain, but may carry different restrictions on copying, distribution, performance, or derivative works. Understanding the nuances of creative commons is important when trying to determine the legality of using public domain material.
Second, it’s important to be aware of copyright law in the United States. Here, copyright is the exclusive legal right of an individual or company to duplicate or use a creative work, such as music, images, literature, or software. The law states that the creator will retain copyright over their work for the duration of their life, and for seventy years after their death. If an individual creates a work but fails to maintain the copyright, it may enter public domain when its copyright has expired. On the other hand, it’s possible to buy or sell copyrights, so it’s important to ensure that a work hasn’t been subject to copyright transfer.
Third, be aware of U.S. trademark law when dealing with public domain material. A trademark is a unique identifier, such as a logo, word, phrase, or symbol owned by a certain individual or entity. It’s possible to use protected trademarks without permission, as long as it falls under the parameters of fair use. For public domain material, this refers to use for criticism, comment, news reporting, teaching, scholarship, or research.
Fourth, understand the concept of patent law. Patents are a type of intellectual property protection that provides exclusive rights to an inventor to produce, use, or sell an invention for a set period of time. Generally, the inventor must register the patent with the U.S. Patent and Trademark Office in order for it to be valid. The length of time that a patent is valid for varies, but can range from several years to several decades. It’s important to be aware of whether a certain piece of public domain material is subject to patent law.
Finally, be aware of the concept of public domain dedication. There are various organizations, created for the purpose of preserving works that enter public domain, that allow authors to dedicate their works to the public domain through Creative Commons. This means that the works may be used without permission, but it’s important to understand the nuances of this arrangement before proceeding with any use of public domain material.
When dealing with public domain material out of Los Angeles, these five considerations can help you make sure you’re using the material in a legal, appropriate way. If you are uncertain as to how best to approach public domain law, it is advisable to seek counsel from an attorney. UpCounsel’s network of experienced attorneys have the expertise to help you with any questions you may have, including understanding public domain law in Los Angeles.