The Public Domain and Immersive Art: How Copyright Law Impacts Interactive Art Experiences

By Laura Dowdy

Introduction

On December 31st, each year, new creative works enter the public domain. ^[1] This means that while some artists/creators lose the right to preclude others from copying a work, others can create new works that utilize aspects of previously copyrighted works. When artists and creators create derivative works, such as films, novels, and plays, which are based on or reference aspects of a work in the public domain, the world gets to experience new expressions of creativity that would otherwise be prohibited as infringing upon the artists’ intellectual property rights.

It may help to think of the public domain as a qualification rather than a location. Works that are not protectable by any intellectual property laws, including copyright, trademark, or patent laws, are included in the public domain. When a creative work, such as a painting, sculpture, photograph, song, or book, is in the public domain, anyone can freely use, share, or adapt it without permission from its author. Copyright laws vary by country, but generally, works that are protected by copyright law fall into the public domain 70 years after the author’s death. ^[3]