Introduction
On the internet, there is a high demand for copyright free content.
This is completely understandable, since this type of content allows many entrepreneurs to advance with their projects without needing to pay money for licensing.
Let’s say you need an image, a video, some background music for your project and you want to include a really nice one, but it has exclusive rights and you can’t use it.
That’s where copyright free content shines through, because you could find very suitable content for your project, for free.
But, with that being said, if you’re going to use this content you still need to know some things beforehand, so you can use it without any problems in the future.
What do we understand by copyright free content?
One thing is what creators understand when looking for copyright free.
And another, very different one, is what the copyright system understands as copyright free.
For example…
When creators look up in Google, YouTube or any other search method for copyright free music, they’re looking for a track that can be synced, sampled, covered, recorded or used in any way without having to pay licence money or asking for permission.
Simple.
But what the law understands by copyright free is a little bit more nuanced. We have to delve a little bit deeper to understand the reach of such free use.
Here’s What Copyright Free Actually Means (Legally)
Legally speaking, “copyright free” is not an official concept.
Something is truly free from exclusive rights only when it is in the public domain or released under a dedication like CC0. Most content labeled as copyright free online is still copyrighted, but the author gives permission to use it under a free or permissive license.
This can be done voluntarily.
For instance, any work published under the CC0 license.
This license makes the content as free from exclusive rights as possible.
It could also happen through law.
Nevertheless, there’s one particular thing to address.
The common-law/civil law.
Depending on the legal system, it may be impossible for a work to be of completely free use due to the existence of moral rights, which are perpetual rights in many civil law countries, such as those in Europe and Latin America, they cannot be transferred.
In countries with strong moral rights, such as most of Europe and Latin America, you must credit the author and avoid substantial distortions of the work. In common law countries such as the United States or the United Kingdom, moral rights are much weaker and public domain works generally do not require attribution unless the license specifically demands it.
How do I respect moral copyright?
In short:
- Always give credits to the original author
- Don’t distort the original work in a substantial way
The idea of not distorting a work applies mainly in civil law countries where the right of integrity is strongly protected. You can creatively transform public domain works in any way you choose, but you should not mislead people by presenting your altered version as if it were the original work or as if it came from the original author.
This also has some nuances, for example not distorting the original work doesn’t mean don’t sample, don’t be creative, don’t give it your own touch.
It means: don’t alter the work to the point it’s completely twisted while making it pass as the original work.
For instance, let’s say you take a public domain song, twist the lyrics meaning completely, modify the composition, include new parts and add new instruments.
Respecting moral rights doesn’t mean you can’t be creative with public domain works. In fact, creativity is encouraged. What it does mean is: don’t twist or misrepresent the original in a way that could deceive people especially if you’re claiming it’s a faithful or original version by the original author.
You can absolutely remix, rework, and reinterpret public domain content. Just don’t lie about what it is or who made it.
Free from exclusive rights
With that being said, let’s explore ways of using content free from exclusive rights.
There are many ways, some of them depend on the author’s will and some of them are caused by the copyright system.
Case 1: The author or rightholder gives it up for free
This can happen in many ways, like the following.
- The content was published under a free-use license (e.g. public license, open-source license).
- Publishing the content through a Creative Commons licence.
What happens with anonymous works?
Publishing something anonymously does not make a work copyright free. Anonymous works are still protected by copyright, though the term of protection is usually calculated differently, often lasting seventy years from publication. Until the author or rightholder is identified, the work cannot legally be used freely because permission is impossible to obtain.
Take the case of The Most Mysterious Song on the Internet by FEX.
For years, it was considered lost media rather than truly anonymous. Eventually, the band was identified thanks to a massive online search campaign. This story highlights a tricky truth about copyright: if the law had been enforced strictly while the song’s origin was unknown, anyone sharing or using it, despite not having bad intentions, could have faced legal consequences.
The search for the band wouldn’t have happened, and FEX members wouldn’t be known today.
Author’s note:
It’s frustrating because copyright is meant to protect creators, but in situations like this, it can feel like it prioritizes control over creativity. The good news is that once the rightholder is found, the proper permissions can be sought, and creators still have the final say over how their work is used. I’d say the guys from FEX were pretty happy with the massive online phenomenon they became.
Case 2: Copyright system makes it free from exclusive rights
This can happen through this case:
- The content’s copyright has expired so the content is now under public domain.
This usually happens 70 years after the author has passed away. This eliminates exclusive rights from the root and this content can now be freely used, copied or edited.
Things to consider
- Authors can revoke informal free permissions at any time unless the work has been released under an irrevocable license such as a Creative Commons license. Public domain works cannot be revoked because their exclusive rights have already expired.
- If the content is published through a licence, for the use to be considered legitimate you must adhere to the licence conditions.
- Depending on the legal system, you must still respect moral rights.
- There can be other rightholders that could not be the same people as the original creators or authors, who can restrict the content’s use if the author happens not to be the exclusive rights rightholder.
