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In some cases, a film's copyright has lapsed because of non-renewal while the underlying literary or dramatic source is still protected by copyright; for example, the film His Girl Friday (1940) became a public domain film in 1969 because it was not renewed, but it is based on the 1928 play The Front Page; as a practical matter, the film could ...
Accordingly, copyright protection did not prevail. The holding in Warner Bros. case came to be known as the Sam Spade Test, this approach does not allow for copyright protection if the character is a “mere chessman in the game of storytelling.” On the other hand, if the character is central to the story, then it will be copyrightable.
A public-domain book is a book with no copyright, a book that was created without a license, or a book where its copyrights expired [17] or have been forfeited. [clarification needed][18] In most countries the term of protection of copyright expires on the first day of January, 70 years after the death of the latest living author.
Under U.S. copyright law, the legality of a given work of fanfiction will depend principally on three legal doctrines: (1) copyrightability of the underlying source work; (2) the derivative work right; and (3) fair use. To have copyright protection under U.S. law, a work must be an "original [work] of authorship fixed in any tangible medium of ...
A work of art that exists in only one copy, such as a painting or statue, is not regarded as published when the single existing copy is sold or offered for sale in the traditional way, for example, through an art dealer, gallery, or auction house. A statue erected in a public place is not necessarily published.
In the past, a work would enter the public domain in the United States if it was released without a copyright notice. This was true prior to March 1, 1989, but is no longer the case. Any work (of certain, enumerated types) now receives copyright as soon as it is fixed in a tangible medium.