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Is it possible for an individual or business to claim ownership over content that is in the public domain?

Abigayle Pyner

It is a popular belief that content that is in the public domain is free for anyone to use and cannot be claimed exclusively by any individual or business. However, the truth is far more nuanced than this simplistic notion.

The public domain consists of works that are no longer subject to copyright protection, either because their copyright has expired or because they were never eligible for copyright protection in the first place. This means that anyone can use, distribute, or modify these works without obtaining permission from the original creator. However, it does not mean that they can claim exclusive ownership of these works and prevent others from using them in the same way.

But what about content that is derived from works that are in the public domain? Can someone claim ownership of such content? The answer to this question is not clear cut and depends on a variety of factors.

For instance, if an individual uses a public domain work to create a new artistic work, then they can claim copyright over the new work. This is because copyright law recognizes the creativity and originality that went into creating the new work, even though the underlying work is in the public domain. However, the copyright only extends to the new elements that were added to the original work, and not to the underlying public domain work itself.

Similarly, if a business uses public domain content in a commercial product, then it cannot claim exclusive ownership over the public domain content itself. However, it can claim copyright over the product as a whole, including any original creative elements that were added to the public domain content. This means that the business can prevent others from copying or selling identical or substantially similar products, even if those products use the same public domain content.

In some cases, an individual or business may also claim trademark or trade dress protection over a product that uses public domain content. For instance, if a company uses a public domain photograph as part of its logo or branding, then it may be able to claim trademark protection over the logo or branding, even though the underlying photograph is in the public domain.

In conclusion, the question of whether an individual or business can claim ownership over content that is in the public domain is not a simple yes or no answer. While anyone can use public domain content freely, without the need for permission or payment, they cannot claim exclusive ownership over that content itself. However, if they use public domain content in a new, original, or creative way, then they may be able to claim copyright, trademark, or other types of protection over the new work or product that they have created.