
We shouldn’t need permission from anyone just to use them. Created by the government we elect, with the tax dollars we pay, these works define our laws, demonstrate on our history as a nation, shape our identity as a people, and serve as cornerstones of our culture. Government works enter the public domain immediately upon creation because they hold such high significance.
#Us marine corp band stars and stripes free#
A quick revision of the website could make it clear that the recordings are in the public domain and available to all, but in order to get a free CD you need to be a educational institution, public library, or radio station. Fortunately, this problem is easily solved. The stakes for any portion of the US government issuing chilling statements around copyright are high – especially when the US government as a whole has a shaky record on misusing copyright in recent history, these sort of statements damage free speech and the public domain alike.

Inadvertent language is no excuse for misleading readers. Your status as an educational institution, a public library, or a radio station isn’t verified before clicking “Download.” After all, if you go to the Marine Band website right now, the recordings are being distributed to you free of charge. While the website language may have been clear before audio was easily distributed online, today it is confusing at best. Public Knowledge contacted the Marine Band last week, asking for clarification they indicated the restriction only applies to their free CD mailing program.
#Us marine corp band stars and stripes full#
No usage restrictions can be placed on public domain materials for any reason, period, full stop. That puts the recordings in the public domain. Section 105 of the Copyright Act explicitly states: “ Copyright protection under this title is not available for any work of the United States Government.” The Marine Band is part of the United States Government, which means that its works are not eligible for copyright protection. Are these usage restrictions for real, then?

But these recordings, like White House photos and videos of Congressional hearings, aren’t protected by copyright. This reads as though Marine Band is placing usage restrictions on their recordings, scaring people away from use. Because appropriated funds are used, they may not be distributed for private use and are not for sale.” (Emphasis added.) The recordings are distributed free of charge to educational institutions, public libraries, and radio stations. The Marine Band produces recordings for educational purposes and to enhance the public affairs and community relations of the United States Marine Corps. But when you visit the US Marine Band’s website, you are greeted by the following: Fortunately, you’re pretty sure recordings produced by US government bands are in the public domain. You know that Stars and Stripes Forever is old enough to be in the public domain, so all you need is a performance of the song also in the public domain.

Naturally you’re looking for patriotic music. Imagine you’re in charge of promoting your community’s 4th of July parade this weekend, and are making a video to spread the word. The Stars and Stripes for…Life of the Author + 70? Chilling Copyright and the USMC Band.Įthan Jeans JCopyright Reform, Public Domain
