[Plura-list] Happy Public Domain Day 2025 to all who celebrate
Cory Doctorow
doctorow at craphound.com
Tue Dec 17 10:34:38 EST 2024
Read today's issue online at: https://pluralistic.net/2024/12/17/dastar-dly-deeds/
Today's links
* Happy Public Domain Day 2025 to all who celebrate: A new bumper crop, with many more to come!
* Hey look at this: Delights to delectate.
* This day in history: 2004, 2009, 2014, 2019
* Upcoming appearances: Where to find me.
* Recent appearances: Where I've been.
* Latest books: You keep readin' em, I'll keep writin' 'em.
* Upcoming books: Like I said, I'll keep writin' 'em.
* Colophon: All the rest.
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🏹 Happy Public Domain Day 2025 to all who celebrate
In 1976, Congress set fire to the country's libraries; in 1998, they did it again. Today, in 2024, the flames have died down, and out of the ashes a new public domain is growing. Happy Public Domain Day 2025 to all who celebrate!
For most of US history, copyright was something you had to ask for. To copyright a work, you'd send a copy to the Library of Congress and they'd issue you a copyright. Not only did that let you display a copyright mark on your work - so people would know they weren't allowed to copy it without your permission - but if anyone wanted to figure out who to ask in order to *get* permission to copy or adapt a work, they could just go look up the paperwork at the LoC.
In 1976, Congress amended the Copyright Act to eliminate the "formality" of copyright registration. Now, all creative works of human authorship were copyrighted "at the moment of fixation" - the instant you drew, typed, wrote, filmed, or recorded them. From a toddler's nursery-school finger-painting to a graffiti mural on a subway car, every creative act suddenly became an article of property.
But whose property? That was on you to figure out, before you could copy, publish, perform, or preserve the work, because without registration, permissions had to start with a scavenger hunt for the person who could grant it. Congress simultaneously enacted a *massive* expansion of property rights, while abolishing the title registry that spelled out who owned what. As though this wasn't enough, Congress reached *back in time* and plopped an extra 20 years' onto the copyrights of existing works, even ones whose authors were unknown and unlocatable.
For the next 20 years, creative workers, archivists, educators and fans struggled in the face of this regime of unknowable property rights. After decades of well-documented problems, Congress acted again: they made it *worse*.
In 1998, Congress passed the Sonny Bono Copyright Act, AKA the Mickey Mouse Preservation Act, AKA the Copyright Term Extension Act. The 1998 Act tacked *another* 20 years onto copyright terms, but not just for works that were still in copyright. At the insistence of Disney, Congress actually yanked works *out of the public domain* - works that had been anthologized, adapted and re-issued - and put them *back* into copyright for two more decades. Copyright stretched to the century-plus "life plus 70 years" term. Nothing entered the public domain for the next *20 years*.
So many of my comrades in the fight for the public domain were *certain* that this would happen again in 2018. In 2010, e-book inventor and Project Gutenberg founder Michael S Hart and I got into a friendly email argument because he was *positive* that in 2018, Congress would set fire to the public domain again. When I insisted that there was no way this could happen given the public bitterness over the 1998 Act, he told me I was being naive, but said he hoped that I was right.
Michael didn't live to see it, but in 2019, the public domain opened again. It was an *incredible* day:
https://archive.org/details/ClosingKeynoteForGrandReopeningOfThePublicDomainCoryDoctorowAtInternetArchive
No one has done a better job of chronicling the fortunes of our fragile, beautiful, bounteous public domain than Jennifer Jenkins and James Boyle of Duke University's Center for the Study of the Public Domain. Every year from 2010-2019, Boyle and Jenkins chronicled the works that *weren't* entering the public domain because of the 1998 Act, making sure we knew what had been stolen from our cultural commons. In so many cases, these works disappeared before their copyrights expired, for example, the *majority* of silent films are lost forever.
Then, in 2019, Jenkins and Boyle got to start cataloging the works that *were* entering the public domain, most of them from 1923 (copyright is complicated, so not everything that entered the public domain in 2019 was from that year):
https://web.law.duke.edu/cspd/publicdomainday/2019/
Every year since, they've celebrated a new bumper crop. Last year, we got Mickey Mouse!
https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey
In addition to numerous other works - by Woolf, Hemingway, Doyle, Christie, Proust, Hesse, Milne, DuBois, Frost, Chaplin, Escher, and more:
https://pluralistic.net/2023/12/20/em-oh-you-ess-ee/#sexytimes
Now, 2024 was a fantastic year for the public domain, but - as you'll see in the 2025 edition of the Public Domain Day post - 2025 is *even better*:
https://web.law.duke.edu/cspd/publicdomainday/2025/
So what's entering the public domain this year? Well, for one thing, there's more of the stuff from last year, which makes sense: if Hemingway's first books entered the PD last year, then this year, we'll the books he wrote next (and this will continue every year until we catch up with Hemingway's tragic death).
There are some big hits from our returning champions, like Woolf's *To the Lighthouse* and *A Farewell to Arms* from Hemingway. Jenkins and Boyle call particular attention to one book: Faulkner's *The Sound and the Fury*, its title taken from a public domain work by Shakespeare. As they write, Faulkner spoke eloquently about the nature of posterity and culture:
> [Humanity] is immortal, not because he alone among creatures has an inexhaustible voice, but because he has a soul, a spirit capable of compassion and sacrifice and endurance...The poet’s voice need not merely be the record of man, it can be one of the props, the pillars to help him endure and prevail.
The main attraction on last year's Public Domain Day was the entry of Steamboat Willie - the first Mickey Mouse cartoon - into the public domain. This year, we're getting a *dozen* new Mickey cartoons, including the first Mickey talkie:
https://en.wikipedia.org/wiki/Mickey_Mouse_(film_series)#1929
Those 12 shorts represent a kind of creative explosion for the Disney Studios. Those early Mickey cartoons were, each and every one, a hybrid of new copyrighted works and the public domain. The backbone of each Mickey short was a beloved, public domain song, with Mickey's motion synched to the beat (animators came to call this "mickey mousing"). In 1929, there was a *huge* crop of public domain music that anyone could use this way:
> Blue Danube, Pop Goes the Weasel, Yankee Doodle, Here We Go Round the Mulberry Bush, Ach Du Lieber Augustin, Listen to the Mocking Bird, A-Hunting We Will Go, Dixie, The Girl I Left Behind Me, a tune known as the snake charmer song, Coming Thru the Rye, Mary Had a Little Lamb, Auld Lang Syne, Aloha ‘Oe, Turkey in the Straw, My Bonnie Lies Over the Ocean, Habanera and Toreador Song from Carmen, Lizst’s Hungarian Rhapsody No. 2, and Goodnight, Ladies.
These were *recent* compositions, songs that were written and popularized in the lifetimes of the parents and grandparents who took their kids to the movies to see Mickey shorts like "The Barn Dance," "The Opry House" and "The Jazz Fool." The ability to plunder this music at will was key to the success of Mickey Mouse and Disney. Think of all the Mickeys and Disneys we've lost by locking up the public domain for the past half-century!
This year, we're getting some outstanding new old music for our public domain. The complexities of copyright terms mean that *compositions* from 1929 are entering the public domain, but we're only getting *recordings* from 1924. 1924's outstanding recordings include:
> George Gershwin performing Rhapsody in Blue, Jelly Roll Morton playing Shreveport Stomp, and an early recording from contralto and civil rights icon Marian Anderson, who is famous for her 1939 performance to an integrated audience of over 75,000 people at the Lincoln Memorial. Anderson’s 1924 recording is of the spiritual Nobody Knows the Trouble I’ve Seen.
While the compositions include *Singin' in the Rain*, *Ain't Misbehavin'*, *An American in Paris*, *Bolero*, *(What Did I Do to Be So) Black and Blue*, *Tiptoe Through the Tulips*, *Happy Days Are Here Again*, *What Is This Thing Called, Love?*, *Am I Blue?* and many, many more.
On the art front, we're getting Salvador Dali's earliest surrealist masterpieces, like *Illumined Pleasures*, *The Accommodations of Desire*, and *The Great Masturbator*. Dali's contemporaries are not so lucky: after a century, the early history of the works of Magritte are so muddy that it's impossible to say whether they are in or out of copyright.
But there's plenty of art with clearer provenance that we can welcome into the public domain this year, most notably, Popeye and Tintin. As the first Popeye and Tintin comics go PD, so too do those *characters*.
The idea that a fictional character can have a copyright separate from the stories they appear in is relatively new, and it's weird and very stupid. Courts have found that the *Batmobile* is a copyrightable character (Batman won't enter the public domain until 2035).
Copyright for characters is such a muddy, gross, weird idea. The clearest example of how stupid this gets comes from Sherlock Holmes, whose canon spans many years. The Doyle estate - a rent-seeking copyright troll - claimed that Holmes wouldn't enter the public domain until *every* Holmes story was in the public domain (that's this year, incidentally!).
This didn't fly, so their next gambit was to claim copyright over those *aspects* of Holmes's character that were developed later in the stories. For example, they claimed that Holmes didn't show compassion until the later stories, and, on that basis, sued the creators of the Enola Holmes TV show for depicting a gender-swapped Sherlock who wasn't a total dick:
https://www.theguardian.com/books/2020/dec/22/lawsuit-copyright-warmer-sherlock-holmes-dismissed-enola-holmes
As the Enola lawyers pointed out in their briefs, this was tantamount to a copyright over *emotions*: "Copyright law does not allow the ownership of generic concepts like warmth, kindness, empathy, or respect, even as expressed by a public domain character – which, of course, belongs to the *public*, not plaintiff."
When Mickey entered the public domain last year, Jenkins did an excellent deep dive into which aspects of Mickey's character and design emerged when:
https://web.law.duke.edu/cspd/mickey/
Jenkins uses this year's entry of Tintin and Popeye into the public domain to further explore the subject of proprietary characters.
Even though copyright extends to characters, it only covers the "copyrightable" parts of those characters. As the Enola lawyers wrote, the generic character traits (their age, emotional vibe, etc) are not protected. Neither is anything "trivial" or "minuscule" - for example, if a cartoonist makes a minor alteration to the way a character's pupils or eyes are drawn, that's a minor detail, not a copyrightable element.
The biggest impediment to using public domain characters isn't copyright, it's *trademark*. Trademark is *very* different from copyright: foundationally, trademark is the right to protect your customers from being deceived by your competitors. Coke can use trademark to stop Pepsi from selling its sugary drinks in Coke cans - not because it owns the word "Coke" or the Coke logo, but because it has been deputized to protect Coke drinkers from being tricked into buying not-Coke, thinking that they're getting the true Black Waters of American Imperialism.
Companies claim trademarks over cartoon characters all the time, and license those trademarks on food, clothing, toys, and more (remember Popeye candy cigarettes?).
Indeed, Hearst Holdings claims a trademark over Popeye in many traditional categories, like cartoons, amusement parks, ads and clothes. They're also in the midst of applying for a Popeye NFT trademark (lol).
Does that mean you can't use Popeye in any of those ways? Nope! All you need to do is prominently mention that your use of Popeye is unofficial, not associated with Hearst, and dispel any chance of confusion. A unanimous Supreme Court decision (in *Dastar*) affirm your right to do so. You can also use Popeye in the *title* of your unauthorized Popeye comic, thanks to a case called *Rogers v Grimaldi*.
This all applies to Tintin, too - a big deal, given that Tintin is managed by a notorious copyright bully who delights in cruelly terrorizing fan artists. Tintin is joined in the public domain by Buck Rogers, another old-timey character whose owners are scumbag rent-seekers.
Congress buried the public domain alive in 1976, and dumped a load of gravel over its grave in 1998, but miraculously, we've managed to exhume the PD, and it has been revived and is showing signs of rude health.
2024 saw the blockbuster film adaptation of *Wicked*, based on the public domain Oz books. It also saw the publication of *James*, a celebrated retelling of Twain's *Huck Finn* from the perspective of Huck's enslaved sidekick.
This is completely normal. It's how art was made since time immemorial. The 40 year experiment in life without a public domain is at an end, and not a minute too soon.
You can piece together a complete-as-possible list of 2025's public domain (including the Marx Brothers' *Cocoanuts*, Disney's *Skeleton Dance*, and Del Ruth's *Gold Diggers of Broadway*) here:
https://onlinebooks.library.upenn.edu/cce/
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🏹 Hey look at this
* Find out why your health insurer denied your claim https://projects.propublica.org/claimfile/ (h/t Gregory Charlin)
* Woman blames Star Trek license plates for tens of thousands of dollars in accidental tickets https://www.ksl.com/article/51204984/woman-blames-star-trek-license-plates-for-tens-of-thousands-of-dollars-in-accidental-tickets (h/t Hackaday)
* The £25,000 Pre-Amp Repair and the Copyright Strike https://www.youtube.com/watch?v=yPIrCaeVtvI (h/t Sal Fadhley)
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🏹 This day in history
#20yrsago US will shut down GPS to “fight terrorists” https://www.nbcnews.com/id/wbna6720387
#20yrsago Firefox ad in today’s NYT https://web.archive.org/web/20050204043841/https://www.mozilla.org/images/nyt_ad_large_2004.png
#20yrsago Barlow’s trial blogged https://web.archive.org/web/20041229065803/http://vitanuova.loyalty.org/weblog/nb.cgi/view/vitanuova/2004/12/16/1
#20yrsago Donate to EFF, send a lump of coal to MPAA and RIAA https://web.archive.org/web/20041218015602/http://www.downhillbattle.org/coal/
#20yrsago 65MB of vintage random numbers from 1965 https://www.rand.org/pubs/monograph_reports/MR1418.html
#15yrsago Spite Houses, built to piss off the neighbors https://en.wikipedia.org/wiki/Spite_house#
#15yrsago Bug powder causes male bedbugs to stab each other to death with their penises https://www.medindia.net/news/bedbugs-may-be-on-way-out-with-new-discovery-62273-1.htm
#15yrsago Installing Windows considered as a literary genre https://nielsenhayden.com/makinglight/archives/012008.html#012008
#15yrsago Montage of magic “photo enhancement” in cop shows and movies https://www.youtube.com/watch?v=Vxq9yj2pVWk
#15yrsago Leaked secret EU-Canada copyright agreement – EU screws Canada https://web.archive.org/web/20091220121340/https://www.michaelgeist.ca/content/view/4627/125/
#15yrsago Rapist ex-lawmaker claims copyright on his name, threatens legal action against anyone who uses it without permission https://rapidcityjournal.com/news/rapist-former-lawmaker-ted-klaudt-claims-name-copyright/article_03881cae-e9a3-11de-848e-001cc4c002e0.html
#15yrsago RIP, Roy E Disney https://web.archive.org/web/20091220040552/http://abclocal.go.com/wabc/story?section=news&id=7174485
#15yrsago Photos of rotting, abandoned water park at Walt Disney World https://web.archive.org/web/20091213143405/http://disboards.com/showthread.php?t=2344523
#15yrsago Great Firewall of Australia will nationally block sites appearing on a secret, unaccountable list https://web.archive.org/web/20091220042804/http://www.efa.org.au/2009/12/17/filtering-coming-to-australian-in-2010/
#10yrsago Barbaric, backwards ancestor worship https://memex.craphound.com/2014/12/16/barbaric-backwards-ancestor-worship/
#10yrsago UK cops demand list of attendees at university fracking debate https://www.theguardian.com/uk-news/2014/dec/15/police-university-list-fracking-debate
#10yrsago Over 700 million people have taken steps to improve privacy since Snowden https://www.schneier.com/blog/archives/2014/12/over_700_millio.html
#10yrsago Judge convicted of planting meth on woman who reported him for harassment https://web.archive.org/web/20141212022710/http://www.ajc.com/news/news/local/ex-judge-convicted-of-planting-drugs-on-woman/njQwd/
#10yrsago No charges for Japanese man who dumped a quarter-ton of porn in a park https://web.archive.org/web/20141225092617/https://www.afp.com/en/node/2965441/
#10yrsago The strange history of Disney’s cyber-psychedelic “Computers Are People Too” https://www.vice.com/en/article/how-disney-was-hustled-into-making-the-trippiest-movie-about-computers-ever/
#10yrsago HOWTO cut paper snowflakes in the likeness of Nobel physics prizewinners https://www.symmetrymagazine.org/article/december-2014/deck-the-halls-with-nobel-physicists
#5yrsago Insulin prices doubled between 2012 and 2016 https://www.usatoday.com/story/news/health/2019/12/09/insulin-prices-double-ohio-lawmakers-looking-answers/2629115001/
#5yrsago Sloppy security mistakes in smart conferencing gear allows hackers to spy on board rooms, steal presentations https://www.wired.com/story/dten-video-conferencing-vulnerabilities/
#5yrsago Bernie Sanders is the only leading Democrat who hasn’t taken money from billionaires https://www.cbsnews.com/news/bernie-sanders-knocks-rivals-for-taking-donations-from-billionaires/
#5yrsago Privacy activists spent a day on Capitol Hill scanning faces to prove that scanning faces should be banned https://fightfortheftr.medium.com/we-scanned-thousands-of-faces-in-dc-today-to-show-why-facial-recognition-surveillance-should-be-3360958a76f1
#5yrsago Foxconn wants Wisconsin to keep paying it billions, but it won’t disclose what kind of factory it will build https://www.theverge.com/2019/12/13/21020885/foxconn-wisconsin-deal-renegotiate-tax-subsidy-lcd-factory-plant
#5yrsago Citing the Panama Papers, Elizabeth Warren proposes sweeping anti-financial secrecy rules https://medium.com/@teamwarren/my-plan-to-fight-global-financial-corruption-b66492583129
#5yrsago McKinsey is lying about its role in building ICE’s gulags, and paying to own the top search result for “McKinsey ICE” https://www.propublica.org/article/mckinsey-called-our-story-about-its-ice-contract-false-its-not
#5yrsago Boston city council election decided by a single vote https://www.wgbh.org/news/local/2019-12-13/five-takeaways-from-what-might-have-been-the-closest-election-in-boston-history
#5yrsago Bunnie Huang’s classic “Essential Guide to Electronics in Shenzhen” is now free online https://bunniefoo.com/bunnie/essential/essential-guide-shenzhen-web.pdf
#5yrsago Private equity firms should be abolished https://www.thebignewsletter.com/p/why-private-equity-should-not-exist
#5yrsago ICANN hits pause on the sale of .ORG to Republican billionaires’ private equity fund https://www.icann.org/en/blogs/details/org-update-9-12-2019-en
#5yrsago San Diego’s Mysterious Galaxy bookstore is saved! https://www.mystgalaxy.com/new-location-mysterious-galaxy-2020
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🏹 Upcoming appearances
* ISSA-LA Holiday Celebration keynote (Los Angeles), Dec 18
https://issala.org/event/issa-la-december-18-dinner-meeting/
* Picks and Shovels with Charlie Jane Anders (Menlo Park), Feb 17
https://www.keplers.org/upcoming-events-internal/cory-doctorow
* Picks and Shovels with Wil Wheaton (Los Angeles), Feb 18
https://www.dieselbookstore.com/event/Cory-Doctorow-Wil-Wheaton-Author-signing
* Picks and Shovels with Dan Savage (Seattle), Feb 19
https://www.eventbrite.com/e/cory-doctorow-with-dan-savage-picks-and-shovels-a-martin-hench-novel-tickets-1106741957989
* Cloudfest (Europa Park), Mar 17-20
https://cloudfest.link/
* Picks and Shovels at Imagine! Belfast (Remote), Mar 24
https://www.eventbrite.co.uk/e/cory-doctorow-in-conversation-with-alan-meban-tickets-1106421399189
* DeepSouthCon63 (New Orleans), Oct 10-12, 2025
http://www.contraflowscifi.org/
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🏹 Recent appearances
* Can we avoid the enshittification of clean-energy tech? (Volts.wtf)
https://www.volts.wtf/p/can-we-avoid-the-enshittification
* Enshittification: Why Everything Suddenly Got Worse and What to Do About It (HOPE XV)
https://www.youtube.com/watch?v=YrciT_dc2sc&list=PLcajvRZA8E0_tLLEh1COeAv-TcaDna2k1&index=32
* How To Keep IoT From Becoming An IoTrash (Def Con)
https://www.youtube.com/watch?v=tA7bpp8qXxI
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🏹 Latest books
* The Bezzle: a sequel to "Red Team Blues," about prison-tech and other grifts, Tor Books (US), Head of Zeus (UK), February 2024 (the-bezzle.org). Signed, personalized copies at Dark Delicacies (https://www.darkdel.com/store/p3062/Available_Feb_20th%3A_The_Bezzle_HB.html#/).
* "The Lost Cause:" a solarpunk novel of hope in the climate emergency, Tor Books (US), Head of Zeus (UK), November 2023 (http://lost-cause.org). Signed, personalized copies at Dark Delicacies (https://www.darkdel.com/store/p3007/Pre-Order_Signed_Copies%3A_The_Lost_Cause_HB.html#/)
* "The Internet Con": A nonfiction book about interoperability and Big Tech (Verso) September 2023 (http://seizethemeansofcomputation.org). Signed copies at Book Soup (https://www.booksoup.com/book/9781804291245).
* "Red Team Blues": "A grabby, compulsive thriller that will leave you knowing more about how the world works than you did before." Tor Books http://redteamblues.com. Signed copies at Dark Delicacies (US): and Forbidden Planet (UK): https://forbiddenplanet.com/385004-red-team-blues-signed-edition-hardcover/.
* "Chokepoint Capitalism: How to Beat Big Tech, Tame Big Content, and Get Artists Paid, with Rebecca Giblin", on how to unrig the markets for creative labor, Beacon Press/Scribe 2022 https://chokepointcapitalism.com
* "Attack Surface": The third Little Brother novel, a standalone technothriller for adults. The *Washington Post* called it "a political cyberthriller, vigorous, bold and savvy about the limits of revolution and resistance." Order signed, personalized copies from Dark Delicacies https://www.darkdel.com/store/p1840/Available_Now%3A_Attack_Surface.html
* "How to Destroy Surveillance Capitalism": an anti-monopoly pamphlet analyzing the true harms of surveillance capitalism and proposing a solution. https://onezero.medium.com/how-to-destroy-surveillance-capitalism-8135e6744d59?sk=f6cd10e54e20a07d4c6d0f3ac011af6b) (signed copies: https://www.darkdel.com/store/p2024/Available_Now%3A__How_to_Destroy_Surveillance_Capitalism.html)
* "Little Brother/Homeland": A reissue omnibus edition with a new introduction by Edward Snowden: https://us.macmillan.com/books/9781250774583; personalized/signed copies here: https://www.darkdel.com/store/p1750/July%3A__Little_Brother_%26_Homeland.html
* "Poesy the Monster Slayer" a picture book about monsters, bedtime, gender, and kicking ass. Order here: https://us.macmillan.com/books/9781626723627. Get a personalized, signed copy here: https://www.darkdel.com/store/p2682/Corey_Doctorow%3A_Poesy_the_Monster_Slayer_HB.html#/.
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🏹 Upcoming books
* Picks and Shovels: a sequel to "Red Team Blues," about the heroic era of the PC, Tor Books, February 2025
* Enshittification: Why Everything Suddenly Got Worse and What to Do About It, Farrar, Straus, Giroux, October 2025
* Unauthorized Bread: a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2025
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🏹 Colophon
Today's top sources:
Currently writing:
* Enshittification: a nonfiction book about platform decay for Farrar, Straus, Giroux. Status: second pass edit underway (readaloud)
* A Little Brother short story about DIY insulin PLANNING
* Picks and Shovels, a Martin Hench noir thriller about the heroic era of the PC. FORTHCOMING TOR BOOKS FEB 2025
Latest podcast:
Daddy-Daughter Podcast 2024 https://craphound.com/overclocked/2024/12/17/daddy-daughter-podcast-2024/
This work - excluding any serialized fiction - is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.
https://creativecommons.org/licenses/by/4.0/
Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.
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