Some Famous Works and Year of First Publication
(Subverted Public Domain List)
Dennis S. Karjala
Professor of Law
Arizona State University
This list shows a few works of music, literature, and film
that, as far as I can tell, were first published in the years shown.
The "Subverted Public Domain" begins with the year 1923. Works published
in that year would already be in the public domain but are still protected by
the legislative swindle known as the
Sonny Bono Copyright Term Extension Act of 1998. Any United States work
published before 1964 lost its copyright in the 28th year after publication
unless the copyright was formally renewed at the Copyright Office.
(Congress made renewal automatic for works published after 1963, so most
of those works are, and for a very long time will be, under copyright.)
To check on the copyright status of works from the 1923-63 era, it is therefore
necessary to determine whether the copyright was renewed. See How
to Determine Whether a Work is in the Public Domain, and links contained
there, for more details. Frances Hodgson Burnett's The
Secret Garden was published in 1911, so it went into the public domain on
Jan. 1, 1987. Its entrance into the public domain has spawned a huge
outpouring of new and creative derivative works, including plays, musicals,
video and audio cassettes, annotated and searchable online versions, and even
cookbooks. See Derivative Works Based on
The Secret Garden. NOTE: I have checked the renewals for most of the
literary works on this list, so I am confident that they are still under
copyright (assuming the CTEA is valid). Unfortunately, renewals for films
and music are not, to my knowledge, as readily available, and I have had to rely
heavily on second-hand information. For example, Lon Chaney's Hunchback
of Notre Dame, Buster Keaton's The General, and Douglas Fairbanks,
Jr.'s The Thief of Bagdad were on the list, but I have since learned that
they appear to be in the public domain and have therefore removed them. I
apologize for any remaining errors.
1919 (entered public domain Jan. 1, 1995)
Music
Swanee by George Gershwin and Irving
Caesar
A Pretty Girl Is like a Melody by Irving Berlin
Books and Poems
Frances Hodgson BURNETT: The Secret Garden
(1911?)
1920-1921 (entered public domain Jan. 1, 1996 or 1997)
Music
AfterYou've Gone by Henry Creamer
and Turner Layton
Till the Clouds Roll By by Jerome Kern and P.G.
Wodehouse
Over There by George M. Cohan
Till We Meet Again by Richard Whiting and Raymond
Egan
Ain't We Got Fun
Ma! (He's Making Eyes At Me)
Books and Poems
F. Scott FITZGERALD: This Side
of Paradise
D.H. LAWRENCE: Women in Love
Edith WHARTON: The Age of Innocence
Films
The Kid, with Charlie Chaplin
The Sheik, with Rudolph Valentino
Characters
Felix the Cat (appeared in cartoons
beginning in 1920; characters go into the PD at the time of the first work
in which they appear)
Hercule Poirot, the Belgian detective, is introduced to readers
in "The Mysterious Affair at Styles," by Agatha Christie
1922 (entered public domain Jan. 1, 1998)
Music
Look for the Silver Lining by Jerome Kern
and Bud DeSylva
Avalon by Al Jolson, Bud DeSylva, and Vincent
Rose
Books and Poems
T.S. ELIOT: The Waste Land
Marcel PROUST: Swann's Way (first
English translation)
James JOYCE: Ulysses
Oswald SPENGLER: Decline of the West
Sinclair LEWIS: Babbitt
Films
Blood and Sand with Rudolph Valentino
Nanook of the North
1923 (should have been public domain Jan. 1, 1999)
Books and Poems
Willa Sibert CATHER: A Lost Lady, Nebraska,
and The End Of The First Cycle
Joseph CONRAD: Christmas Day at Sea and
Outside
Literature
John DOS PASSOS, Streets of Night
Arthur CONAN DOYLE: The Adventure Of The Creeping
Man and The Adventure Of The Sussex Vampire
F. Scott FITZGERALD: Hot and Cold Blood and
Invasion
of the Sanctuary
James FRAZER: The Golden Bough
Robert FROST, New Hampshire (poems0
Zane GREY: Code of the West, Steelhead, Tappan's
Burro,The Vanishing American, and Down into the Desert
Ben HECHT: Fingers at the Window
Rudyard KIPLING: Independence and London
Stone
Ring LARDNER: Blue Beard, Why Authors?,
Cinderella, The Dames, What I Ought To Of Learnt In High School, and
Bringing
Up Children
Amy LOWELL: Cut Shadow, Fact, Green Shadows,
Rosebud Wall Paper, and Dissonance
W. Somerset MAUGHAM: Bewitched, German Harry,
Mayhew, and The Force of Circumstances
Edna St Vincent MILLAY: The Harp-Weaver, And
Other Poems, Memory of Cape Code, To the Liberty Bell, and The Concert
Wallace STEVENS: Harmonium
Booth TARKINGTON: The Coincidence, The Power
of the Press, and The Midlander
P.G. WODEHOUSE: Jeeves, First Aid for Dora Heart of
a Goof, Leave It to Psmith, Magic Plus Fours, No Wedding Bells for Him,The
Return Of Battling Billson, Rollo Podmarsh Comes To, Ukridge Rounds A Nasty
Corner, and Chester Forgets Himself
Virginia WOOLF: Jacob's Room
William Butler YEATS: Meditations In Time Of
Civil War
Plays
Noel COWARD: The Young Idea
Luigi PIRANDELLO (trans Arthur Livingston): Each
In His Own Way, And Two Other Plays
Films
Safety Last by Harold Lloyd
Little Church Around the Corner
The Ten Commandments, by C.B. DeMille
Music
You're The Cream In My Coffee, words and music by B.G. De Sylva, Lew Brown and Ray
Henderson
Who's Sorry Now?, words and music by Bert Kalmar, Ted Snyder, And Harry Ruby
I Cried For You (Now It's Your Turn To Cry Over Me),
by Arthur Freed, Gus Arnheim and Abe Lyman
Chansonette, music by Rudolf Friml, lyrics by Irving Caesar, Dailey Paskman,
and Sigmund Spaeth
Yes! We Have No Bananas, by Frank Silver and Irving Cohn
Charleston, by Mack & Johnson
1924 (should have been public domain Jan. 1, 2000)
Films
The Battling Fool (Columbia), with William Fairbanks,
Pat Harmon, Eva Novak, and Edward Kennedy; written and directed by W.S. Van
Dyke
Dixie
The Fighting Coward
(Famous Players - Lasky), with Cullen Landis, Ernest Torrence, Mary Astor, and Noah Beery; produced and
directed by James Cruze
He Who Gets Slapped (MGM), with Lon Chaney, Norma Shearer, and John Gilbert; directed by Victor
Seastrom (Sjöström)
Monsieur Beaucaire
(Famous Players - Lasky), with Rudolph Valentino, and
Bebe Daniels; produced and directed by Sidney Olcott
The Next Corner (Paramount), with Conway Tearle,
Lon Chaney, and Dorothy Mackaill; directed by Sam Wood (still under copyright because of the CTEA, but considered lost)
Peter Pan
(Paramount), with Betty Bronson, Ernest
Torrance, and Mary Brian; produced and directed by Herbert Brenton
Racing for Life
(Columbia), with William
Fairbanks, Eva Novak and Edgar Kennedy
Sherlock, Jr.
Books
Mark Twain, Autobiography (posthumous)
Edna Ferber, So Big
Music
When My Sugar Walks Down The Street
(All The Little Birdies Go Tweet Tweet Tweet),
words and music by Gene Austin, Jimmy McHugh and Irving Mills
It Had To Be You, lyric by Gus Kahn, music by Isham Jones
Rhapsody in Blue, by George Gershwin (performed, by the
composer, for the first time
Feb. 12, 1924, accompanied by Paul Whiteman's orchestra)
Fascinating Rhythm; The Man I Love, by George & Ira Gershwin
Sleepy Time Gal, lyric by Jos. R. Alden and Raymond B. Egan
Amapola
Everybody Loves My Baby, words and music by Jack Palmer and Spencer Willson
All Alone; They Call It Dancing; Lazy; What'll I
Do?, words and music by Irving Berlin
I'll See You In My Dreams, lyrics by Gus Kahn, music by Isham Jones
Moonlight And Roses, by Edwin H. Lemare, Ben Black and Neil Moret
Memory Lane, lyrics by B.G. De Sylva, music by Larry Spier and Con Conrad
When Day Is Done, lyrics by B.G. De Sylva, music by Dr. Robert Katscher
Rose Marie; Indian Love Call; Totem Tom Tom,
from the musical play and film Rose Marie, music by Rudolph Friml and
Herbert Stothart, book and lyrics by Otto Harbach and Oscar Hammerstein 2nd
Golden Days; Just We Too; Deep In My Heart, Dear
(Sorry, Dad), from The Student Prince, by Sigmund Romberg
California, Here I Come, by Jolson, De Sylva & Meyer
Tea for Two, by Caesar & Yeomans
Characters
Little Orphan Annie, drawn by Harold Gray, debuts in the
New York Daily News Oct. 5, 1924
1925 (should have been public domain Jan. 1, 2001)
Films
The Gold Rush, with Charlie Chaplin. Copyright was never
renewed in this work, so it went into the PD in 1953. Apparently Chaplin
composed a musical score and added it to the film, registering a copyright in
1942 as a derivative work (which copyright was renewed in 1969). That
copyright, however, covers only the new material added to the original, not
the original or any elements of the original themselves. It seems that
someone has nevertheless filed a restoration notice to revive the original
silent film copyright under the Uruguay Round Agreements Act. (The constitutionality of
that is
under challenged in Golan v. Ashcroft - see Challenge
to Constitutionality.) But if the original silent film was a U.S. work, a restoration notice could not validly be filed as to it.
That, in turn, depends on where the work was first
"published." If it was published first in the U.S., The Gold Rush should be in the public domain. (I am
indebted to Michael Agee for apprising me of these twists and turns in the
saga of The Gold Rush.)
Battleship Potemkin (possibly PD in any event, because of status of
US/Soviet copyright relations)
His People, also known as Proud Heart (Universal), with Rudolph Schildkraut, George Lewis, Jean Johnson, Kate Price, and Edgar
Kennedy; directed by Edward Sloman
Books
Robert BENCHLEY, Pluck And Luck
Stephen Vincent Benet, Tiger Joy, A Book Of Poems
Willa CATHER, The Professor's House
George M. COHAN, Mud Pies And Maple Sugar and Poor Little Rich Man
John DOS PASSOS, Manhattan Transfer
Theodore Dreiser, An American Tragedy
Andre (Paul Guillaume) GIDE, Les Faux-Monnayeurs
Samuel GOMPERS, Seventy Years Of Lide And Labor
Zane GREY, Tales Of Fishing Virgin Seas and The Thundering Herd
Ernest HEMINGWAY, In Our Time
Aldous HUXLEY, Along the Road
Franz KAFKA, Der Prozess (The Trial)
John Maynard KEYNES, The Economic Consequences Of Sterling Parity, aka: The Economic Consequences Of Mr Churchill
Rudyard KIPLING, Warfare On Ill Will, Chartres Windows, A Choice Of Songs,
and The Shipping Industry
Ring LARDNER, You Know Me Al and What Of It
Sinclair LEWIS, Arrowsmith
Walter LIPPMANN, The Phantom Public
Archibald Macleish, The Pot of Earth
W Somerset MAUGHAM, The Painted Veil
Luigi Pirandello, Dal Naso Al
Cielo, Quaderni Di Serafino Gubbio, Operatore, and Donna Mimma
Edwin Arlington ROBINSON, Dionysus In Doubt
Bertrand RUSSELL, What I Believe and The ABC Of Relativity
Booth TARKINGTON, Mrs Leslie Braithwaite's Husband, Rabble Rouser, and Napoleon Was A Little Man
Albert Payson TERHUNE, Wolf and Najib
Lowell THOMAS, Beyond Khyber Pass and The First World Flight
H.G. WELLS, A Year Of Prophesying
Edith WHARTON, The Writing Of Fiction
P.G. WODEHOUSE, In The Springtime
Virginia WOOLF, The Common Reader and Mrs Dalloway
William Butler YEATS, Early Poems And Stories
Music
I'm Tired of Everything But You, words and music by Isham Jones
Manhattan, lyrics by Lorenz Hart, music by Richard Rodgers
Angry, lyrics and arrangement by Dudley Mecum, Henry and Merritt Brunies, and Jules Cassard
Remember; Always; Florida By The Sea; Paddlin' Madelin' Home,
words and music by Irving Berlin
Dinah, words by Sam M. Lewis & Joe Young, music by Harry Akst
Side By Side, words and music by Harry Woods
Cecilia (Does Your Mother Know You're Out?),
words by Herman Ruby, music by Dave Dreyer
Jalousie, music by Jacob Gade, words by Vera Bloom
Five Foot Two, Eyes Of Blue, lyrics by Sam M. Lewis and Joe Young,
music by Ray Henderson
Valencia (A Song Of Spain),
words by Lucien Boyer and Jacques-Charles, music by Jose Padilla, American
version by Clifford Grey
1926 (should have been public domain Jan. 1, 2002)
Music Irving Berlin: Blue Skies
Rodgers & Hart: The Blue Room,
from The Girl Friend
Sigmund Romberg: The Desert Song and The
Student Prince
Harry Woods: When the Red, Red Robin Comes Bob,
Bob Bobbin' Along
Films
The Lodger (Alfred Hitchcock)
The Vanishing Americans (Paramount)
Books
Ernest HEMINGWAY, The Sun Also Rises
A.A. MILNE, Winnie the Pooh
Watty PIPER (Mabel
C. Bragg), The Little Engine That Could
1927 (should have been public domain Jan. 1, 2003)
Music
Oscar Hammerstein II and Jerome Kern: Ol'
Man River and Showboat
Films
Wings
The Jazz Singer, with Al Jolson
Sunrise
Metropolis
1928 (should have been public domain Jan. 1, 2004)
Characters
Mickey Mouse
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