How Do You Know The Public Domain Is In Trouble? It Requires A 52-Page Handbook To Determine If Something Is Public Domain

From Techdirt:

from the not-how-it's-supposed-to-work dept
We..., frankly, believe that many more works should be in the public domain. In fact, we treat our own articles, written by staffers here, to be public domain, even though there's no official legal mechanism to officially put them in the public domain. We can only proactively state that we will treat them as such. And, of course, thanks to the switch from "opt-in" copyright to "everything eligible is automatically covered by copyright" in 1976, combined with ever-farther-reaching copyright term extension, nothing has officially entered the public domain in the US in ages.

So it's great to see that the folks over at the Samuelson Clinic at Berkeley have developed a detailed handbook to determine what is in the public domain, which comes complete with this handy-dandy (if not altogether simple) graphic.

What Could Have Entered the Public Domain on January 1, 2014?

Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years – an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1957 would enter the public domain on January 1, 2014, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2053.1 And no published works will enter our public domain until 2019. The laws in Canada and the EU are different – thousands of works are entering their public domains on January 1.

See the list from Duke Law's Center for the Study of the Public Domain.