How Does 'Public Domain' Work

[karaann07]

Could someone tell me how public domain works? I want to design an iPhone case on Zazzle (http://www.zazzle.com/iphone+cases) using vintage pictures from online, my friend says that it would be copyright infringement? Can someone please explain how?

[jk]

public domain refers to works that the copyright has expired or the work was not eligible for copyright for some reason. You want to start with a little education.

Copyright office FAQ's

a all to common misunderstanding; just because it's online it isn't protected by copyright.

The fact is, almost all works have copyright protection the moment they are created. Those rights are transferable to others but short of being given the right to use the work (license), the copyright protection remains for a long time.

a quick example. The Green Lantern cover (at zazzle). Unless the producers have been given permission by the owners of the Green Lantern image to use that image, or any likeness of the Green Lantern, what you see is copyright infringement and possibly trademark infringement. (haven't looked to see if there are TM's involved but it is likely there is?