public domain

Can a compilation copyright be claimed in a collection of public domain works?

Yes, if the selection, coordination or arrangement of them is sufficiently creative and original, then a compilation copyright may be claimed in a collection of public domain works. The owner of a copyright in a compilation of public domain works, however, does not acquire copyrights in the public domain works themselves.

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If I make a derivative work based on a public domain work, can I prevent other people from making additional derivative works of it?

No. Any number of people can make derivative works based on the same public domain work. If each derivative work is original , creative, authored by a human, and fixed in a tangible medium, then each creator of a derivative work can claim and register a copyright in the work he or she created. The

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Can I register a copyright in a derivative work that is based on a public domain work?

Yes, a copyright may be registered in a derivative work that is based on a public domain work if the modifications made in the derivative work are sufficiently original, creative, authored by a human, and fixed in a tangible medium of expression. You will need to exclude the public domain material from your claim.

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If I make a derivative work based on a public domain work, can I claim copyright in both?

No. If you make a derivative work that is based on a public domain work, you can only claim copyright in the derivative work, not in the original public domain work. Creating a derivative work that incorporates elements of a public domain work does not “resurrect” the copyright that has entered the public domain. Once

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Can I make a derivative work that is based on a public domain work without incurring liability for infringement?

Yes, you can make a derivative work that is based on a public domain work without incurring liability for copyright infringement. Making a derivative work based on a public domain work is not infringement. Public domain works are not protected by copyright, so there is nothing to infringe.

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Is copying, distributing, publicly performing, or publicly displaying a public domain work infringement?

No. Copyright infringement can occur only if copyright protection exists. A public domain work is not protected by copyright, so there is nothing to infringe. Therefore, copying, distributing, performing, or displaying a public domain work is not copyright infringement. Copying, distributing, performing or displaying a work that is a modification or a compilation of a

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Are works created by federal government employees in the public domain?

Yes. Works created by federal employees in the course of the employment are in the public domain. Works created for the federal government by independent contractors, on the other hand, are not necessarily in the public domain. Works the federal government acquires through transfers of ownership are not necessarily in the public domain either

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