Question:
When do Newspapers enter the public domain?
?
2016-05-22 13:41:00 UTC
I am creating a video game based in the early 20th century and was wondering if I would legally be allowed to use existing newspapers from the time. Would they be in the public domain now?
Four answers:
?
2016-05-23 07:18:25 UTC
As far as copyright is concerned, newspapers are just like any other printed works.



In the United States, any newspaper published prior to 1923 is in the public domain. Newspapers published between 1923 and 1964 may or may not be, depending upon whether their copyright was renewed or whether they are foreign (non-American) papers whose copyright was "restored" when the URAA trade agreement was implemented in the 1990s. Determining U.S. copyright status for printed materials published during this time period can be difficult. But at least 1923 serves as a "bright line" - anything published prior is clearly in the public domain in the U.S.

http://www.dlib.org/dlib/july08/hirtle/07hirtle.html



Outside of the United States, copyright generally endures for either 50 or 70 years after an author's death. However, there may be complications involved depending upon whether a newspaper story was bought from a freelance reporter or whether he/she did it as a "work for hire" on behalf of the newspaper company with which that person was employed. You would have to check the local copyright law in a particular country to be sure.

https://en.wikipedia.org/wiki/List_of_countries'_copyright_lengths



Unfortunately the fact that copyright laws vary from one country to another may make it difficult to market your game internationally. For example, a newspaper article published in 1921 is public domain in the United States, but may remain under copyright in Canada or the European Union. Generally speaking, you cannot assume that *any* newspaper article published in the early 20th century is public domain everywhere in the world.



P.S. Do not automatically assume that newspaper archives which appear online such as those at the Google Newspaper Archive are in the public domain. Many of the newspapers which appear there have been placed online because Google received permission from the copyright holders to do so. They did not give you permission to use their copyrighted material in your video game....though you can certainly approach a copyright owner to ask for permission.

https://news.google.com/newspapers
Yeti
2016-05-22 13:52:13 UTC
Depends on details, such as where they're from, and if the copyright was renewed.



The laws have changed a lot over the last century, especially in the U.S., which has gotten more on board with international systems. So exactly when they were published can matter too.



Most newspapers from the early 20th century would be public domain by now, but it's possible there are some components that had the copyright extended, etc., over time, which may have occurred with some original stories (like works of fiction that were published). You also still can run into issues with things like trademark, such as if there are old ads in the papers.



People making videogames and movies usually make up fictional versions of things to avoid any issues.
dewcoons
2016-05-22 13:46:36 UTC
Not sure when still published papers become public domain, but there is a simple solution to your problem. There are hundreds of newspapers that have ceased publication and not renewed their copyright, so those papers are now public domain.



https://news.google.com has hundreds of out of publication newspapers that are public domain. You can legally copy the information and articles from those papers.



If you are creating a video game, I would recommend creating your own fictional newspaper (just to avoid any legal issues.) Use the out print papers as a source for you in-game newspaper, but slightly alter the articles, etc.
Nosehair
2016-05-22 14:43:56 UTC
As of Jan. 1,1978 copyrights can no longer be renewed. The term of copyrights is much longer now but prior to 1/1/78 term of copyright was 28 years and it could be renewed for an additional 28 years for a total of 56 years. So all copyright protection has expired for work created prior to 1960 (56 yerars ago).


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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