Literature Wants to be Free!Literature Wants to be Free!

Greg NewbyGreg Newby

Project Gutenberg Literary Archive Project Gutenberg Literary Archive FoundationFoundation

Presentation OverviewPresentation Overview

About your narratorAbout your narratorProject Gutenberg overviewProject Gutenberg overviewProject Gutenberg of EuropeProject Gutenberg of EuropeWhat is the public domain? What is What is the public domain? What is

copyright?copyright?The Public Domain is in TroubleThe Public Domain is in TroubleWhat you can doWhat you can do

Who is this guy?Who is this guy? Learned about eBooks in 1998, when a friend Learned about eBooks in 1998, when a friend

sent sent Alice’s Adventures in WonderlandAlice’s Adventures in Wonderland by by emailemail

Involved with Project Gutenberg (PG) since Involved with Project Gutenberg (PG) since 1992 (while at the U. Illinois)1992 (while at the U. Illinois)

Produced several eBooks; ran FTP sites, Produced several eBooks; ran FTP sites, mailing lists; became stand-in production mailing lists; became stand-in production coordinator when PG’s founder Michael Hart coordinator when PG’s founder Michael Hart (MH) was out of town(MH) was out of town

In 2001, volunteered as the first director and In 2001, volunteered as the first director and CEO of the Project Gutenberg Literary Archive CEO of the Project Gutenberg Literary Archive Foundation (PGLAF)Foundation (PGLAF)

Project Gutenberg: Project Gutenberg: Ancient HistoryAncient History

Started in 1971 when MH typed the US Started in 1971 when MH typed the US Declaration of Independence on a mainframe, Declaration of Independence on a mainframe, and shared it. Continued through the 1980s and and shared it. Continued through the 1980s and 1990s with the complete Shakespeare, the Bible 1990s with the complete Shakespeare, the Bible and several other titlesand several other titles

#10000 (Magna Carta) released in December #10000 (Magna Carta) released in December 20042004

Low-budget, volunteer driven: volunteers select Low-budget, volunteer driven: volunteers select which eBooks to producewhich eBooks to produce

Project Gutenberg: The Project Gutenberg: The CollectionCollection

Most of the world’s great English-language Most of the world’s great English-language literature that is in the public domain in the US literature that is in the public domain in the US (basically, published pre-1923)(basically, published pre-1923)

Over 20 languages, many different formatsOver 20 languages, many different formats Some copyrighted items, too, but mostly public Some copyrighted items, too, but mostly public

domaindomain Nearly 16,000 titles in the original PG collection Nearly 16,000 titles in the original PG collection

(PG-US)(PG-US) Numerous affiliated projects, as well as other Numerous affiliated projects, as well as other

eBook projectseBook projects

What’s an eBook?What’s an eBook?

A A literary workliterary work (broadly considered) in (broadly considered) in electronic formatelectronic format

Read it like any book. Print it. Share it.Read it like any book. Print it. Share it.Additional Additional benefitsbenefits versus paper books: versus paper books:

Search, quoteSearch, quoteReformatReformatFix/edit/extractFix/edit/extractRedistributeRedistribute

Project Gutenberg’s eBooksProject Gutenberg’s eBooks

NoNo digital rights management digital rights managementEmphasis on Emphasis on plain textplain text as “baseline,” other as “baseline,” other

formats should be editable or derivable formats should be editable or derivable from plain text or HTML (moving to “born-from plain text or HTML (moving to “born-as” XML in the future)as” XML in the future)

Many eBooks are Many eBooks are improved/fixedimproved/fixed over time over timeHigh production High production qualityquality; many automated ; many automated

tools; state of the art digitization tools; state of the art digitization

Distributed ProofreadingDistributed Proofreading

Great innovation! Shared proofreading via Great innovation! Shared proofreading via centralizedcentralized database-driven site database-driven site

General literary works can be proofread in General literary works can be proofread in just a just a dayday or so; much tougher works can be spread or so; much tougher works can be spread over time with many helpersover time with many helpers

Common production criteria, with custom rules Common production criteria, with custom rules as neededas needed

Most eBooks now “born as” HTML + textMost eBooks now “born as” HTML + text Help make an eBook:Help make an eBook:

http://www.pgdp.nethttp://www.pgdp.net

PG of EuropePG of Europe

Just getting started; already with 65 Just getting started; already with 65 languageslanguages

Use the PG Europe Distributed Use the PG Europe Distributed Proofreading site to get help contributeProofreading site to get help contribute

A separate effort, PG-EU is proactive A separate effort, PG-EU is proactive about resisting pan-European union about resisting pan-European union copyright term extensioncopyright term extension

http://pge.rastko.nethttp://pge.rastko.net

What is Copyright? What is Copyright? Copyright was invented during the Enlightenment, Copyright was invented during the Enlightenment,

partially in reaction to the invention of the movable type partially in reaction to the invention of the movable type printing press by printing press by Johannes Gutenberg Johannes Gutenberg (1450s)(1450s)

The The Statute of AnneStatute of Anne (1709) granted a 14-year copyright (1709) granted a 14-year copyright to the Stationer’s Company in Englandto the Stationer’s Company in England

The first Berne convention of 1886 internationalizedThe first Berne convention of 1886 internationalized Copyright provides a Copyright provides a temporary monopolytemporary monopoly to written to written

works and other intellectual output, so that creators of works and other intellectual output, so that creators of creative and scientific arts can benefit financially from creative and scientific arts can benefit financially from their effortstheir efforts

Historically, copyright has usually been Historically, copyright has usually been owned by the owned by the publisherspublishers, not the authors or editors or artists, not the authors or editors or artists

What is the Public Domain?What is the Public Domain?

For literature and similar works, the public For literature and similar works, the public domain is essentially domain is essentially everything that is not under everything that is not under copyright protectioncopyright protection

Some works are in the public domain from the Some works are in the public domain from the startstart

For most new works today, including books, they For most new works today, including books, they get copyright protection get copyright protection automaticallyautomatically when they when they are createdare created

Due to international agreements, these Due to international agreements, these principles apply principles apply worldwideworldwide

Why care about the public Why care about the public domain?domain?

The public domain is a huge source of The public domain is a huge source of cultural heritagecultural heritage

It provides It provides inspirationinspiration for new creative for new creative activity, based on older creative worksactivity, based on older creative works

Copyright was intended to balance the Copyright was intended to balance the public domain. The target for creative public domain. The target for creative works is and should be public domain – works is and should be public domain – copyright is temporary. By design.copyright is temporary. By design.

Many people get it Many people get it backwards…backwards…

From copyright.loc.gov: “Examples of what might From copyright.loc.gov: “Examples of what might have caused the work to be in the public domain have caused the work to be in the public domain in the United States include lack of proper in the United States include lack of proper notice, failure to renew, failure to comply with notice, failure to renew, failure to comply with manufacturing requirements, being a sound manufacturing requirements, being a sound recording fixed prior to U.S. protection, and lack recording fixed prior to U.S. protection, and lack of national eligibility, that is, the source nation of national eligibility, that is, the source nation and the United States did not then have a treaty and the United States did not then have a treaty relationship. “relationship. “

This is This is backwardsbackwards from the US founders’ intent, from the US founders’ intent, in which copyright registration is in which copyright registration is optionaloptional, , voluntaryvoluntary and and temporarytemporary

How does the How does the Public Domain Grow?Public Domain Grow?

When copyright When copyright expiresexpires, items enter the public , items enter the public domaindomain

Items may be explicitly Items may be explicitly grantedgranted to the public to the public domain by their copyright ownersdomain by their copyright owners

In the US, newly created items enter the public In the US, newly created items enter the public domain 95 or 120 years after creationdomain 95 or 120 years after creation

In the rest of the world, the author’s death date In the rest of the world, the author’s death date is usually used to determine expiration of is usually used to determine expiration of copyright. In the EU, this is 70 or 75 years after copyright. In the EU, this is 70 or 75 years after deathdeath

PG-US Copyright RulesPG-US Copyright Rules

http://gutenberg.org/howto/copyright-http://gutenberg.org/howto/copyright-howtohowto

In the public domain in the US:In the public domain in the US:Rule 1: pre-1923Rule 1: pre-1923Rule 5: 1923-1989 with no copyright noticeRule 5: 1923-1989 with no copyright noticeRule 6: 1923-1964 without renewalRule 6: 1923-1964 without renewalRule 8: Government / crown publishedRule 8: Government / crown published

Copyright duration (similar in Copyright duration (similar in the US, EU & elsewhere)the US, EU & elsewhere)

Works Originally Created on or after January 1, 1978Works Originally Created on or after January 1, 1978A work that is created (fixed in tangible form for the first A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is time) on or after January 1, 1978, is automatically automatically protected from the moment of its creationprotected from the moment of its creation and is and is ordinarily given a term enduring for the author's ordinarily given a term enduring for the author's life plus life plus an additional 70 yearsan additional 70 years after the author's death. In the after the author's death. In the case of "a joint work prepared by two or more authors case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years who did not work for hire," the term lasts for 70 years after the last surviving author's death. For after the last surviving author's death. For works made works made for hire, and for anonymous and pseudonymous worksfor hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be Office records), the duration of copyright will be 95 years 95 years from publication or 120 years from creationfrom publication or 120 years from creation, whichever is , whichever is shorter. (http://www.copyright.gov/circs/circ1.html) shorter. (http://www.copyright.gov/circs/circ1.html)

So what’s the Problem?So what’s the Problem? The The information explosioninformation explosion of the 20 of the 20thth century century

was paralleled by a reduction in the proportion of was paralleled by a reduction in the proportion of items in the public domainitems in the public domain

Copyright term extensions took copyright Copyright term extensions took copyright protection from 28 years in 1900 to 70/95/120 protection from 28 years in 1900 to 70/95/120 years in 1998years in 1998

There is now no requirement for registration or There is now no requirement for registration or renewal for copyright: it’s renewal for copyright: it’s automaticautomatic

Increasingly severe penalties for copyright Increasingly severe penalties for copyright infringement: In the US, this includes some infringement: In the US, this includes some criminal penalties, not just civil penaltiescriminal penalties, not just civil penalties

What are some numbers?What are some numbers? Information is Information is doublingdoubling every 12-18 months. every 12-18 months.

Nearly all new information content is copyrighted Nearly all new information content is copyrighted automaticallyautomatically

The public domain has essentially The public domain has essentially stopped stopped growinggrowing, due to global copyright term , due to global copyright term extensions. Even at the old pre-1998 (in the US) extensions. Even at the old pre-1998 (in the US) growth rate, the public domain would be growth rate, the public domain would be shrinkingshrinking

Today’s popular works (books, movies, music…) Today’s popular works (books, movies, music…) will still be under copyright protection after most will still be under copyright protection after most of us are deadof us are dead … and the creators will also be … and the creators will also be long deadlong dead

More numbersMore numbers

Historically in the US, only 10% of items were Historically in the US, only 10% of items were renewed for a 2renewed for a 2ndnd copyright term. Yet, since copyright term. Yet, since 1977 renewal is no longer required. About 1 1977 renewal is no longer required. About 1 million books from 1923-1964 were not renewed, million books from 1923-1964 were not renewed, and are targeted for digitizationand are targeted for digitization

Less than 1% of items from 1923 are still in printLess than 1% of items from 1923 are still in print There are many orphaned works, which are There are many orphaned works, which are

technically under copyright, but the copyright technically under copyright, but the copyright holder (if any) cannot be identifiedholder (if any) cannot be identified

PG is Proactive about the PG is Proactive about the Public DomainPublic Domain

We digitized US copyright Renewal Records We digitized US copyright Renewal Records (eBook #11800)(eBook #11800)

Help PGs or other projects get started elsewhereHelp PGs or other projects get started elsewhere Provided Provided amiciamici briefs or other support in briefs or other support in

copyright cases (Eldred, Grokster/Morpheus, copyright cases (Eldred, Grokster/Morpheus, Kazaa…)Kazaa…)

Push the boundaries of permissible uses: US Push the boundaries of permissible uses: US Title 17 Section 108(h); our Rule 6…Title 17 Section 108(h); our Rule 6…

PG Growth over 23 YearsPG Growth over 23 Years

YR 1990/1991/1992/1993/1994/1995/1996/1997/1998/1999/2000/2001/2002/2003 ^####YR 1990/1991/1992/1993/1994/1995/1996/1997/1998/1999/2000/2001/2002/2003 ^#### 10K>10/03 10K10K>10/03 10K 9,500>9/03 9,5009,500>9/03 9,500 9,000>8/03 9,0009,000>8/03 9,000 8,500>7/03 8,5008,500>7/03 8,500 8,000>5/03 8,0008,000>5/03 8,000 7,500>3/03 7,5007,500>3/03 7,500 7,000>1/03 7,0007,000>1/03 7,000 6,500>12/02 6,5006,500>12/02 6,500 6,000 >9/02 6,0006,000 >9/02 6,000 5,500 >7/02 5,5005,500 >7/02 5,500 5,000 >4/02 5,0005,000 >4/02 5,000 4,500 >2/02 4,5004,500 >2/02 4,500 4,000>10/01 4,0004,000>10/01 4,000 3,500 >5/01 3,5003,500 >5/01 3,500 3,000 >12/00 3,0003,000 >12/00 3,000 2,500 > 8/00 2,5002,500 > 8/00 2,500 2,000 >12/99 2,0002,000 >12/99 2,000 1,500 >10/98 1,5001,500 >10/98 1,500 1,000 >8/97 1,0001,000 >8/97 1,000 500 >4/96 500500 >4/96 500 100 >12/93 <<<December 10, 1993 100100 >12/93 <<<December 10, 1993 100 10 > 12/90 1010 > 12/90 10 YR 1990/1991/1992/1993/1994/1995/1996/1997/1998/1999/2000/2001/2002/2003 ^####YR 1990/1991/1992/1993/1994/1995/1996/1997/1998/1999/2000/2001/2002/2003 ^####

What you can doWhat you can do

Understand the public domain. Why does it Understand the public domain. Why does it need to be preserved?need to be preserved?

Make copyright Make copyright decisionsdecisions. Grant items to the . Grant items to the public domain when appropriate. License them public domain when appropriate. License them at other times, for wider use. at other times, for wider use.

Help Help enhanceenhance access to the public domain: access to the public domain: digitize an eBook; donate some contentdigitize an eBook; donate some content

Don’t confuse issues such as patents, Don’t confuse issues such as patents, trademarks and licenses with public domaintrademarks and licenses with public domain

More what you can doMore what you can do

Give away public domain items, that’s Give away public domain items, that’s what they’re there for!what they’re there for!

Create derivative worksCreate derivative worksUse public domain art, music …Use public domain art, music …Avoid “locked” formats: opt for wider Avoid “locked” formats: opt for wider

usage choices for content, not narrowerusage choices for content, not narrower

Help free literatureHelp free literature

Help Help createcreate: http://www.pgdp.net (“a page : http://www.pgdp.net (“a page a day is all it takes”)a day is all it takes”)

Help Help distributedistribute: mirrors, copies, CDs/DVDs: mirrors, copies, CDs/DVDsHelp Help educateeducate about the value of the public about the value of the public

domaindomainResist Resist misunderstandingmisunderstanding of copyright, and of copyright, and

the perception that it is permanentthe perception that it is permanentLiterature wants to be free. You can help Literature wants to be free. You can help

to free it!to free it!

More resources…More resources… www.copyright.gov – US-www.copyright.gov – US-

focusedfocused Union for the Public Union for the Public

Domain Domain http://www.public-http://www.public-domain.org/ is broad, and domain.org/ is broad, and very interested in WIPOvery interested in WIPO

http://http://CreativeCommons.org CreativeCommons.org will help you to license, will help you to license, and help you to grant to and help you to grant to the public domainthe public domain

http://gutenberg.org for http://gutenberg.org for nearly 16,000 titles, most nearly 16,000 titles, most are in the public domainare in the public domain