Public domain and other exceptions to selling rights

It’s important to understand what happens to IP once it’s no longer exclusively protected by IP legislation. This Step explores the nature of the Public Domain (also known as the Public Sphere). It applies in particular to patents, designs and works protected by copyright.

The Public Domain applies in particular to a category of creative works that are unprotected by  IP law, meaning they are free from copyright restrictions. They are free for anyone to use, adapt, reproduce, or distribute for commercial and non-commercial purposes.

‘Public domain’ applies to creative work for different reasons. A work might have been produced before any intellectual property laws were written; for example, William Shakespeare’s plays. Or, the time a work is legally protected for might run out. Currently, in the UK and the US, copyright law lasts for the duration of the author’s life plus seventy years after their death. And some works are exempted from copyright protection altogether, for example, mathematical formulae which are considered public domain because they are expressions of fundamental underlying principles rather than ‘new’ ideas.

Works that have entered the public domain can also present opportunities, as new IP (which is subject to copyright law) can be created from old IP. Walt Disney Studios is one of the most influential media companies to have used IP which has entered the public domain to their advantage. Instead of writing new stories and characters, they turned old fairy tales into films, which enabled them to build a substantive content library.

Some well-known examples include:

• Snow White and the Seven Dwarfs. The 1937 film is based on German fairy tale by the Brothers Grimm published in 1812.
• Pinocchio. Released in 1940, the film is inspired by Italian children’s novel, The Adventures of Pinocchio written by Carlo Collodi.
• Sleeping Beauty. Released in 1959, the film is based on the fairy tale by Charles Perrault published in 1697.
• Beauty and the Beast. This 1991 film is based on a French fairy tale written by Jeanne-Marie Leprince de Beaumont published in 1756.

Mickey’s adventure into the public domain tells the story of the very first IP created by Walt Disney – the 1928 version of Mickey Mouse. The copyright in this character has recently expired, but the Mickey we are familiar with today is still protected by IP law, another example of new IP created from old.

Can you think of other examples of famous works where the copyright in the original version has expired but where new IP has been created? Share them in the Discussion area below.