If an item is in the Public Domain, Can you still use the name to describe what it is?

[theclub27]

If an item is in the Public Domain, Can you still use the name to describe what the product it is?

For example, Some Elvis photos are in the public domain, can you use/re-sell that image/video and use the name "Elvis Presley" "live photo" in the new title if you re-sell it?

Or say a public domain image of Batman, can you say in the title "Batman" for the image you are selling?

Thanks!

 

[justblue]

If an item is in the Public Domain, Can you still use the name to describe what the product it is?

For example, Some Elvis photos are in the public domain, can you use/re-sell that image/video and use the name "Elvis Presley" "live photo" in the new title if you re-sell it?

Or say a public domain image of Batman, can you say in the title "Batman" for the image you are selling?

Thanks!

What state?

 

[Zigner]

What state?

To be fair, since this is a question relating to federal law, the OP just needs to confirm that his question has to do with a matter under US jurisdiction.

 

[adjusterjack]

If an item is in the Public Domain, Can you still use the name to describe what the product it is?

I don't know where you are getting the idea that any of that stuff is in the public domain.

You'd better be talking to a copyright attorney before you start selling any of.

 

[theclub27]

Ohio, Usa. They were just examples, But yes there are photos of Elvis that are public domain.

File:Elvis Presley promoting Jailhouse Rock.jpg - Wikimedia Commons

It's that jailhouse rock by Elvis | Library of Congress (loc.gov)

 

[army judge]

Ohio, Usa. They were just examples, But yes there are photos of Elvis that are public domain.

File:Elvis Presley promoting Jailhouse Rock.jpg - Wikimedia Commons

It's that jailhouse rock by Elvis | Library of Congress (loc.gov)

Before you assume something, why not spend a few quid by consulting a licensed attorney?

 

[theclub27]

Before you assume something, why not spend a few quid by consulting a licensed attorney?

It literally says on a .gov website that they are public domain.

 

[army judge]

It literally says on a .gov website that they are public domain.

Well, well, well...

You are free to do as you wish.

I'm just some internet dummy.

I know nussing about anything.

I wish you all the best.

 

[zddoodah]

If an item is in the Public Domain. . . .

Let's stop right there. An "item" cannot be in the public domain. The term "public domain" refers primarily to works of authorship that are no longer protected by copyright. It also gets used to refer to expired patents and sometimes to trademarks that are no longer protected for some reason.

For example, Some Elvis photos are in the public domain, can you use/re-sell that image/video and use the name "Elvis Presley" "live photo" in the new title if you re-sell it?

If a photograph is in the public domain, then one may freely reproduce or sell it or engage in activities that would otherwise violate one of the exclusive rights held by copyright owners. Even if the photo is not in the public domain, the lawful owner of a copy of that photo may sell or otherwise transfer that copy without permission. In either case, using Elvis's name to describe the item would also be legal (not sure what you mean by "the new title").

Or say a public domain image of Batman

Same answer.

What state?

Doesn't matter. Copyright law is federal.

I don't know where you are getting the idea that any of that stuff is in the public domain.

There are many, many, many photographs of Elvis and other celebrities that are in the public domain. There are no photographs of Batman because Batman isn't real, but there are tons of photos of people in Batman costumes that are in the public domain. I would, however, be surprised if there are any official drawings of Batman in the public domain.

File:Elvis Presley promoting Jailhouse Rock.jpg - Wikimedia Commons

It's that jailhouse rock by Elvis | Library of Congress (loc.gov)

What makes you think either of those photos is in the public domain?

It literally says on a .gov website that they are public domain.

Where does it say that? It does NOT say it on the page to which the second link directs us.

 

[theclub27]

Let's stop right there. An "item" cannot be in the public domain. The term "public domain" refers primarily to works of authorship that are no longer protected by copyright. It also gets used to refer to expired patents and sometimes to trademarks that are no longer protected for some reason.



If a photograph is in the public domain, then one may freely reproduce or sell it or engage in activities that would otherwise violate one of the exclusive rights held by copyright owners. Even if the photo is not in the public domain, the lawful owner of a copy of that photo may sell or otherwise transfer that copy without permission. In either case, using Elvis's name to describe the item would also be legal (not sure what you mean by "the new title").



Same answer.



Doesn't matter. Copyright law is federal.



There are many, many, many photographs of Elvis and other celebrities that are in the public domain. There are no photographs of Batman because Batman isn't real, but there are tons of photos of people in Batman costumes that are in the public domain. I would, however, be surprised if there are any official drawings of Batman in the public domain.



What makes you think either of those photos is in the public domain?



Where does it say that? It does NOT say it on the page to which the second link directs us.

FILE:ELVIS PRESLEY JAILHOUSE ROCK.JPG - Encyclopedia Information (webot.org)

 

[army judge]

If an item is in the Public Domain, Can you still use the name to describe what the product it is?

Of course SOMEONE, you perhaps, COULD do as you ask.

Heck, you could even rob a bank, commit a sexual battery upon a human being, steal a car, or anything that you decide to do.

However, all of the aforementioned would be, at best, ill advised.

Unless you're cruising for a bruising, use caution in all things you do.

Always act sagaciously and judiciously in your business and personal matters.

Finally, always endeavor to OBEY the laws laid down for all of us.

 

[adjusterjack]

I would, however, be surprised if there are any official drawings of Batman in the public domain.

Batman's first appearance was in the March 30, 1939 edition of Detective Comics.

Batman will become public domain somewhere shortly after 2031.

Unless one is referring to an earlier bat man - Dracula, published in 1897.

 

[PayrollHRGuy]

Batman's first appearance was in the March 30, 1939 edition of Detective Comics.

Batman will become public domain somewhere shortly after 2031.

Batman is Trademark owned by DC Comics.

 

[zddoodah]

FILE:ELVIS PRESLEY JAILHOUSE ROCK.JPG - Encyclopedia Information (webot.org)

I wouldn't be inclined to rely on "webot.org," but maybe (at least the stated reasoning is sound).

 

[adjusterjack]

There should be a support group for people who want to infringe on copyrights and trademarks. We sure get a lot of them here.

Infringers Anonymous. Go to meetings. Get a sponsor who can be called when the urge to infringe presents itself and get talked down.

 

[flyingron]

That's not a government website. It's a site run by a non-government organization.

The actual physical image and the title (or the person in it) are DIFFERENT concepts.
Names can't be copyrighted, but they may be trademarked.

Famous people like Elvis Presley also have rights of publicity so you can't just go around sticking their name or likeness on things and not be in trouble. Right of publicity IS HOWEVER a state issue. WHICH IS WHY WE ASK SUCH THINGS even when you don't think it's necessary.

 

[flyingron]

To be fair, since this is a question relating to federal law, the OP just needs to confirm that his question has to do with a matter under US jurisdiction.

If it were limited to copyright, it would be. But his question really has nothing whatsoever to do with copyright. Trademarks have a state component in addition to Federal and Right of Publicity is almost entirely a state thing (and it varies from state to state whether the deceased's estate retains any rights).