Public Domain Day advent calendar #2: ‘Twas the Night Before Christmas Cantata by Frances McCollin

Today marks the start of the Christian season of Advent in my church, four Sundays before Christmas. It’s an important time of the year for vocal music, as choirs both sacred and secular rehearse and perform Christmas-related music in services and concerts.  We like singing public domain classics– those have stood the test of time and are often well-known to our audiences, and we can copy scores cheaply and don’t have to worry about performance rights or royalties.  We also like to sing newer copyrighted works– those can be fresh and exciting, and can often be easily found in print and in recordings.  Older works still under copyright, though, can often fade into obscurity, even when they’re by creators who were once well-known.

Today’s Public Domain Day advent calendar entry falls into that category.   Though Frances McCollin had a long career in Philadelphia, where I’ve lived and sung for nearly 20 years, I don’t recall hearing of her before doing research for this calendar. Blind from an early age, she took a synesthetic approach to music, according to her biography Frances McCollin: Her Life and Music (1990), associating various keys with different colors and moods.  She published nearly 100 pieces of music, and her works have been performed by groups that include the Philadelphia Orchestra and the Warsaw Symphony.  The library where I work has some of her papers in its special collections; the Free Library of Philadelphia has others. Some of her early public domain music is now freely available online, such as “The Singing Leaves” (1918).  And some of it is still performed today. I’ve found online a sample of a recent recording by Canada’s Elektra Women’s Choir of her arrangement of “In the Bleak Midwinter” for women’s voices.  (McCollin died in 1960, so most of her published work is in the public domain in Canada. I’m not sure of the US copyright status of this particular composition.)

I had a much harder time, however finding traces of another Christmas vocal piece she was known for in her day, a children’s chorale setting of “‘Twas the Night Before Christmas”.  Based on the famous poem by Clement Clarke Moore (which, published 100 years earlier, had been in the public domain for her to adapt), her cantata was copyrighted in 1923, and renewed in 1950.  That copyright persists to this day, as the piece has faded into obscurity.  But 30 days from now, the work will enter the public domain in the US, and anyone interested in it can digitize it, make copies, perform it, or create new works based on it, without having to find a rightsholder to ask permission or pay royalties.

As Public Domain Day approaches, I’m looking forward to seeing familiar works join the public domain in the US, like the perennial international best-seller featured in yesterday’s calendar post.  But for every work like that, there are many more works that are less well-known, on all kinds of topics of interest, by people who lived all over, including in one’s own hometown.   They may have been largely out of sight for years, but their entry into the public domain gives them a new opportunity to be discovered, enjoyed, and shared by anyone.

If you know of any other works that will be coming into the public domain this January you’d like to share, I’d love to hear about them.  I’ll post about another one tomorrow.

 

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Public Domain Day advent calendar #1: The Prophet by Kahlil Gibran

“Your children are not your children […]
For they have their own thoughts […]
You are the bows from which your children as living arrows are sent forth.”

The lines above are from one of the more well-known parts of The Prophet, written by Lebanese-American poet and artist Kahlil Gibran.  Though they talk about one’s offspring, one could also see them as applying to one’s creations.  They may originate from people (parents or authors) who start with great control and influence over them, but eventually they become independent of their origin.  To quote another line in the poem, they “dwell in the house of tomorrow, which you cannot visit”.

Since The Prophet was first published in 1923, it has to a large extent been under the control and influence of its author, and then, after his death in 1931, his estate.  But over time it has entered the public domain in various countries around the world.  It entered the public domain in many countries at the start of 1982, after 50 years had passed from the author’s death.  It entered (and in some cases, re-entered) the public domain in many others in 2002, more than 70 years after his death.  And finally, 31 days from now, it will enter the public domain in the United States, as part of the first batch of published works to enter the public domain in more than 20 years.

During the month of December, this blog will feature various works from 1923 that will be joining the public domain in the US this coming January 1, Public Domain Day.  The Prophet is fairly well-known and still easy to find in print.  Many other interesting works from 1923 are not so well-known or easy to find, and I hope to feature a wide variety of works over the next 31 days.  (I already have some works planned to feature, but have not yet filled out a full roster; if there are any in particular you’d like to suggest, let me know by commenting here or by contacting me.)

I plan to keep most of the posts short, but I’ll have links to more information on the works and authors featured, and folks are also welcome to discuss them further here in the comments if they wish.  Come the new year, I’ll also go back and add live links to online copies of the works when possible.  (For now, I’ll just add a link to all online books I know of by Gibran, some of which are already public domain in the US, and some of which aren’t yet but are public domain elsewhere.)

I may also sometimes take the opportunity to point out aspects of copyright relevant to the featured work.  For instance, in this post I’ve directly copied material from Gibran’s book (by quoting from it) even though I’ve noted that it’s still under copyright where I am.  I can do this thanks to the principle of fair use, which allows such copying under certain circumstances. There’s no universal algorithm for determining whether fair use applies in a particular case, but since I’m only quoting a small portion, in a noncommercial educational context, in order to provide original commentary and not to provide a substitute for the original work, a fair use defense would be very likely to prevail if a copyright dispute came up.  Once The Prophet enters the public domain here, though, we’ll be able to use larger portions, or the whole work, for a much wider variety of purposes.

I’ll post my next Public Domain Day advent calendar entry tomorrow.  I hope you’ll come back then to read it, and welcome your comments.


2019 update:  Link to the full text of The Prophet, now in the US public domain, courtesy Gutenberg Australia
 

 

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Why pay for what’s free? Finding open access and public domain articles

[Another version of this post appears on PennLibNews, as part of the Penn Libraries’ celebration of Open Access Week.]

It happens to most researchers all too often.  You see a reference or a link to an article that you’d love to read or use in your research.  It looks like the article is online.  But when you follow the link or look up the journal of venue it’s in, you’re confronted with a paywall— an impassable login screen, or a demand to pay a fee to read the article.  Not all journals charge fees to readers (in fact, thousands do not), but for those that do, the fees are sometimes quite large– they can be $30 or $40 or more for a single article, and sometimes that fee only gets you access for a limited time period.  Readers not affiliated with research institutions often run into paywalls, but so do scholars at elite research institutions, because none of us can afford to pay the ever-growing subscription prices of all the commercial journals on the market.  (Not even Harvard.)

When you hit a paywall, it’s tempting to give up, look for other articles instead, or take your chances trying to get an illicit copy from sketchy bootleg sites.  But there are various ways you can often get a legitimate version of the article you seek without having to pay anything.  Here are some avenues you can look into.

There may be a legitimate free copy posted elsewhere online.

The website of a journal is often not the only place you can read the papers in it.  Many authors also put their own copies of their papers online.  There are various ways this can be done legally. Many journals and publishers allow authors to self-archive their papers on their personal or institution’s web sites, and sometimes elsewhere.  (Authors might also negotiate this right when they contract with a publisher.)  Typically the posted copies will not have the typesetting and formatting of the journal copies, but instead be a “preprint”– the version of the paper submitted to the journal– or a “postprint”– the paper after it’s been peer-reviewed and revised, but before it’s been reformatted with the journal’s customary typesetting and layout.  There may also be an earlier iteration of a paper freely available online, such as a version presented at a conference or a working paper at an eprint site like ArXiv.org, SocArXiv, or Humanities Commons CORE.

How do you find these free versions of articles?  Many of them can be found in Google Scholar, by typing in the title of the paper and the name of the lead author. (Sometimes earlier versions of the paper will have different titles, so you might also want to try typing in the names of the authors and some keywords, or a characteristic phrase from the abstract or introduction if you have access to it.)  Google Scholar searches will often turn up both the publisher’s version and other versions that might be freely readable or downloadable.  (Look for an “all versions” link by the search results; selecting that link will often show you the other versions.)

Unpaywall is another important tool for finding free articles.  Its database of free alternatives to published articles isn’t as big as Google Scholar’s, but it’s still quite large– over 20 million to date– and it offers a variety of ways of finding articles that Google Scholar doesn’t offer. For instance, they offer a free browser plugin (currently available for Firefox and Chrome) that will inform you of free alternatives when you visit a web page for a paywalled paper.  They also make their knowledge base available via APIs and bulk data downloads, allowing developers to build new applications for finding and using free versions of papers.  (As a result, Unpaywall links are now available in some other bibliographic databases, such as Scopus and Web of Science, that are offered at the Penn Libraries and elsewhere.)

You might be able to get a copy from your library.

If you can’t find a free copy of the article you want on the open web, you may still be able to find a copy of the article through your library’s catalog, or via inter-library loan.

Searching the catalog can often turn up copies you can access for free.   The web sites for many academic libraries, including the Penn Libraries, allow you to search for both journals and articles accessible via the library.  If your library’s web site offers article searching, enter the title and first author’s name of the article you’re interested in– you might find a copy you can access via one of the library’s licensed databases.  If your library just has a traditional catalog search, enter the title of the journal the article appeared in.  The results may give you electronic access to the journal you’re interested in, or it might let you know about print copies the library has that contain the article.  (Many journals still publish a print version.)

If your library doesn’t have the journal you seek in its collection, it might still enable you to get a copy of the article you want via inter-library loan.  These days, inter-library loan can be quite fast, and in many places you can get a copy of the article delivered to you electronically. (Here’s how it works at Penn.) Visit your local librarian to find out more about what they can do for you.

It may be in the public domain.

Just because an article is behind a paywall doesn’t necessarily mean it’s actually copyrighted.  If you’re interested in an older article, it might be in the public domain. Many journal volumes published before 1923 have scans freely available online, and can be found via resources like The Online Books Page.  But many later scholarly publications are public domain as well, including US publications prior to 1964 that did not renew their copyrights, and US publications prior to 1989 that were not published with copyright notices.  Most US scholarly publications before 1964 in fact do not have copyright renewals (though a fair number do); and some more informal or noncommercial scholarly publications lacked copyright notices.  At the Penn Libraries, we’ve been gathering information about periodicals and their copyright status over the course of the 20th century, and have information on many 20th-century journals here.  (If you don’t see the journal that you’re interested in, and it was published in the US between 1923 and 1963, let us know about it and we’ll research it and put information about it in our resource.  We’ll also list whatever public domain issues we can find freely available online.)

Just because an article or journal issue is in the public domain,  there won’t necessarily be a free online copy.  But if you do locate a copy of a public domain article or issue, you’re free to scan it yourself and share it with others.  We hope that our listings of copyright information for various periodicals will prompt libraries and others who own those periodicals to digitize and freely share their public domain contents.

You might be able to get an article from its author(s).

If the article you’re interested in is a recent one, its authors might be reachable online.  They might well have copies of their articles, and be willing to email a copy to a fellow researcher who asks for it.  (Unlike the publishers, authors of scholarly articles generally earn no money from them, so they have little reason to be stingy about access.)  This sort of person-to-person informal, non-systematic sharing has a long tradition in academia, and is generally allowed by publishers (and sometimes explicitly authorized; see for example this IEEE policy, which at this writing says it’s fine to “share copies… for individual personal use”.)

Contact information for authors can often be found by putting their names into search engines, along with their field of research and/or institution if known.

Paying it forward

Hopefully you’ve been able to find and benefit from free, legal copies of scholarly articles using techniques like the ones I’ve described above.  You haven’t had to pay the authors or publishers for them, but if you’ve found them beneficial, you can always pay forward, by sharing your own articles with other readers.  As I noted above, many journals allow authors to post their articles on personal, institutional, or other non-profit websites (though some may require waiting for a time after publication, or only posting certain versions of the article).  Some publishers will also agree to additional author’s rights (such as those specified in the SPARC addendum) if the author asks for them.

Many academic libraries are happy to help you share the articles you write, and provide places to post them so that they’re easily discoverable online, and preserved for posterity.  One of the services the Penn Libraries offers, for instance, is Faculty Assisted Submission, where librarians will go through your CV and post whatever they can to our institutional repository.  You can also send them any further articles you publish when they are accepted, and they will take care of posting them as soon as any required waiting period has expired, without you having to keep track of what you can post when.

I hope these tips help you in freely partaking of scholarly research, and in freely sharing your own.  If you have any questions about doing this, or experiences you’d like to share, feel free to comment here.

 

 

Posted in copyright, libraries, open access, serials, sharing | 9 Comments

Public Domain Day 2018: The 20-year alarm clock

In Washington Irving’s classic story “Rip van Winkle“, the title character follows an archaically-dressed stranger into a mountain hideaway, falls asleep, and wakes up to find the world has moved on 20 years without him.  He’s alarmed at first, but eventually figures out what has happened, adapts, and settles into the social fabric of his much-changed town.

We in the US are experiencing a similar phenomenon this Public Domain Day.  It’s now been 20 years since a full year’s worth of published content entered the public domain, when 1922 copyrights expired at the start of 1998.  Later that year, Congress passed the Sonny Bono Copyright Term Extension Act, and the advance of the public domain has been stuck in the Warren G. Harding administration ever since.

Other countries are doing somewhat better.  Most European countries have by now regained the 20 years of public domain many of them lost when they complied with the EU Copyright Duration Directive, and they now get to freely share the works of creators who died in 1947– people like Baroness Orczy, Alfred North Whitehead, Pierre Bonnard, and Willa Cather.  (We in the US get any unpublished works by people in this group, but that’s all that’s entering the public domain here today.)  Countries like Canada that kept to the Berne Convention’s “life plus 50 years” terms are doing substantially better– today they get the works of creators who died in 1967, including Carson McCullers, Arthur Ransome, Woody Guthrie, René Magritte, and Dorothy Parker.  (The Public Domain Review’s Class of 2018 article has writeups of some these authors, and others.)

This time next year, though, the US may well get to join the party in a bigger way, and have all copyrighted 1923 publications finally enter the public domain.  It’s not a sure thing, though– lobbyists for the entertainment industry have long pressed Congress for longer copyright terms, and while there’s no bill I’m aware of that’s been introduced to do it next year, that doesn’t mean that one couldn’t be quickly rammed through.  So it’s a good time for you to let your elected representatives know that you value a robust public domain, and want no further copyright extensions.  (And if you’re hoping to elect someone new in 2018, let your candidates know this matters to you as well.)

There are other ways that those of us in the US can prepare Public Domain Wake-Up party next year.  Some of us are continuing to bring the “hidden public domain” to light over the next year.  Researchers with HathiTrust’s Copyright Review Management System have by now found over 300,000 books and other monographs that are non-obviously in the public domain.  (You may be able to help them!)  The project I’m leading to help identify public domain serial content past 1922 is also underway, and should be complete later this year.  (See an earlier post for some ways you can help with that if you like.)

Other folks are working on another set of works that libraries in the US can now share– certain works in the last 20 years of copyright, which as of today span a full 20 years of publication, from 1923 to 1942.  A provision in the 1998 Copyright Term Extension Act, codified in Section 108(h) of US copyright law, allows non-profit libraries and archives to digitally display and distribute such works when they are not being commercially exploited, and copies are not available at a reasonable price.  Libraries have not made much explicit use of this provision until recently, partly due to uncertainty about when and how it applies.  A preprint article by Elizabeth Townsend Gard aims to clear up this uncertainty and spur libraries to make these works more widely available.  I hope that this work is further developed and applied in the coming year.  (And I’m happy to consider works in these last 20 years of copyright for inclusion in The Online Books Page‘s listings, when the libraries that have digital copies make it clear that they’re following the section 108(h) guidelines.)

I also hope some folks take some time this year to take a good look at what we’ve digitized from 1922, and compare it to what was copyrighted that year in the US.  What portion of 1922’s creative output have we brought to light online?   What sorts of works, and what people, have we tended to miss?  Knowing where the gaps are can tell us what we might want to focus on bringing to light from 1923.  Some of that material can be posted online now; hopefully the rest can be posted starting next January.

Finally, it’s worth remembering that you don’t have to wait for copyrights to expire on their own to share work whose copyright you control.  You can open-license them any time you like (this post, along with many of my other works, is CC-BY licensed, for instance).  And you can let them go entirely if you like.  I tend to put my works into the public domain 14 years after publication, following the original copyright term of the US, if I see no need to extend it further.  Today I do that again, and with this post you can consider anything I published in 2003, whose copyright I still control, to have a CC0 dedication to the public domain.

Happy Public Domain Day to everyone who’s seeing new works in the public domain where they are.  And here’s to waking up to lots of new additions to the public domain in the US a year from now.

Posted in copyright, online books, open access, serials, sharing | 1 Comment

Public Domain Day 2017: Keeping memory alive

It’s a bit hard to believe, but there are now adults in the US who cannot remember a substantial Public Domain Day.  In their own lifetimes, copyrights for published works have never expired here.  But I remember when they expired regularly every New Years Day, up until 1998.  And I have hope that in two more years, if our government does not acquiesce to the entertainment industry and extend copyrights yet again, we’ll start seeing published works again regularly enter the public domain here.

There are other things that I don’t remember, or haven’t seen much of myself.  I wasn’t around for the demagogues who whipped up mobs to usher in fascism and persecution in 1930s Europe, nor for the world war that followed that, nor the beginnings of European integration that helped keep the peace afterwards.  I didn’t personally experience the struggles for civil rights and equality of the 1960s and early 1970s, not being born yet, or being too young to take part in them.  I’ve never been to Russia, Turkey, Hungary, or the Philippines, where recent hopes of democratic and liberal reforms have given way to more authoritarian regimes.  I’m not an expert in the science that shows the world dangerously warming in recent years, how humans have caused and will be affected by it, and what we need to do to stop it.

Yes, all of these things are mentioned in history books and various media, but they’re often discussed in superficial ways that don’t reflect the detailed memories and lessons of the people who experienced them firsthand, or who are experts in understanding the issue.  I think that’s part of why I see our societies now making many of the same sorts of mistakes that people who know of these things firsthand could help us avoid.   I think it’s also part of the shock of many of people I know watching the news of the past year.  They didn’t have the personal memories of how prosperous societies can regress just as easily as they can progress, or hadn’t previously noticed how marginalized people experience those societies very differently than our dominant narratives suggest.

Keeping memory alive, and making it known far and wide, is essential if we are going to solve the problems we have today, and avoid the kinds of mistakes and disasters we’ve had in the past.   The more easily we can duplicate and spread that memory, the more likely we are to keep it alive.  That’s why the Internet Archive is making a backup copy in Canada, just in case anything happens to its primary US copy.  That’s why people at Penn and elsewhere are trying to duplicate all the data the government has on climate and other issues before the administration changes, lest it become unavailable or harder to access in the future.  That’s why projects like Wikipedia go out of their way to allow their content to be copied and readily downloadable in bulk, so it can be read and shared in places where the Internet isn’t as reliable or as uncensored as it is in other places.

And that’s one reason why the public domain is so important, and why it’s so important that copyrighted works enter the public domain regularly, automatically, and in a timely fashion.  Copyrights are important to support the people who create works of art and knowledge, and to help ensure that they can introduce them to the world in the form and manner they intend.  But it’s also important that after “limited times” (to quote the US Constitution) the works enter the public domain, so they can be copied, disseminated, reinterpreted and reworked, and remembered, without restriction.  The easier it is to copy and disseminate, the easier it is to remember.

In 2017, we have works by authors who died in 1946 finally entering the public domain in Europe and many other countries.  That now allows us to freely copy the works of those who perished in World War II and shortly thereafter, but not the works of all those who survived and helped rebuild society afterwards.  (Though it at least finally frees works like 1895’s The Time Machine, written by a young H.G. Wells who would live until 1946.)  We’re also seeing works by authors who died in 1966 entering the public domain in Canada and some other countries, freeing the works of people like the anti-fascist poet Andre Breton, as well as C. S. Forester’s Captain Horatio Hornblower.  (You can read about more authors now in the public domain in “life plus 70 years” and “life plus 50 years” countries in the Public Domain Review’s annual roundup.)

In the US, once again, no published works are entering the public domain today on their own accord.  (Works published in 1960 would have, under the copyright law in effect at the time they were published.   Duke has an overview of some of those, as they have for previous years.)  But we may soon be seeing works regularly enter the public domain once again, and there’s still a lot of the present-day public domain that’s not as well-known as it should be.  So there’s a lot we can do now to support the public domain in 2017.  Here’s what I’m planning to do:

  • Keep government accountable for the public domain and sound copyright policy:  The Congress and administration we just elected in the US are the same people who will be in office when 1923’s copyrights are scheduled to finally expire, on January 1, 2019.  I intend to make sure those expire on schedule, by watching for any attempts to extend copyrights further and telling my elected officials to oppose them.  (This has had good effect in other countries recently,  Pushback against the Trans-Pacific Partnership, for instance, has so far kept Canada from extending its copyrights another 20 years, as that treaty would have required them to do.)  I also intend to press the government to keep fair use strong, and to keep the Copyright Office administered by the Library of Congress, which will help it be responsive to both creators and consumers, and not just to the entertainment industry.
  • Bring to light the “hidden” public domain of the 20th century:  Many public domain works are now freely readable online, but most of them are from before 1923, when it’s easy to determine public domain status in the US.  HathiTrust has also made available many library books published between 1923 and 1963, whose copyrights have expired because they were never renewed as required.  But there are also a lot of unrenewed public domain newspapers, magazines, scholarly journals, photographs, and art and music from this time period that’s in the public domain as well, as well as pamphlets, posters, and underground and amateur publications from as late as 1989 in the public domain.   Unpublished works are also still entering the public domain, including in the US, from authors who died in 1946 or earlier.  All of this material is a crucial part of the memory of the 20th century, especially for more marginalized groups of people, and it’s at more risk of being lost and forgotten than most library books are.  In 2017, I’ll be working on projects that should make it considerably easier for people to clear copyrights for periodical literature in particular,  and thus keep the memories in them alive.
  • Highlight public domain and other open content especially important to remember:  On my Online Books Page, I’ll keep an eye out for books and serials in the public domain that cover topics that seem especially important for people to remember in 2017.  I’ll add them to my catalog with appropriate descriptions and make them more easily findable from places like Google and Wikipedia.  I’ll also be looking for more recent open-licensed content on these topics.  You can help me out with this, by suggesting titles for me to add. Over the past few years, I’ve added thousands of works to my new listings that were suggested by readers, and I’m eager to hear what you think we should be remembering.
  • Add my own work to the public domain:  Like many creators, I’d rather have my work remembered than keep it locked up for 70 years after my death.  So I open-license much of what I put online.  (This post for instance, is licensed CC-BY, so you can copy it as you like as long as you clearly credit that I wrote it and originally published it here on Everybody’s Libraries, and note the CC-BY license.)  And after a suitable period of time, I go further and put my work into the public domain outright.   Today, for instance, I dedicate everything I wrote and published prior to 2003, and whose copyrights I control, to the public domain, via a CC0 dedication.  I’ve made similar declarations in past years as well, inspired by the initial 14-year term that was prescribed by the US’s original copyright law.

It’s especially important in times of uncertainty and danger that we keep our collective memory alive, to help us move forward wisely and joyfully.  The public domain preserves and promotes that memory, and I hope you’ll join me in supporting it in the coming year.

Posted in copyright, open access, preservation | 2 Comments