Some years ago, I was working on a science fiction short story and wanted to include verses from the 1928 song “Button Up Your Overcoat.” However, when I sold the story, my editor advised against including the verses since the song was still under copyright. If I were to write that story today, I could have used them, as the song entered the public domain two years ago.
If you’re on the lookout for songs, books, or movies to incorporate into your work, you might be checking which of your favorites are about to enter the public domain. This year, works created in 1930 are now free to reuse and repurpose in the U.S. (with the exception of sound recordings from 1925).
As we mentioned last year, Duke Law School’s Center for the Study of Public Domain has compiled a list of iconic works released from copyright restrictions this year. The year 1930 was significant for risqué films that weren’t yet subject to the Hays Code — a set of self-imposed guidelines aimed at ensuring films didn’t “lower the moral standard of those who see it.” Although some studios began adopting the code in 1930, it wasn’t fully enforced until 1934, banning scenes that included profanity, criminal activity, and sexual content. For instance, in the film Morocco, Marlene Dietrich famously wears a tuxedo and kisses another woman, which would have been prohibited under the Hays Code.
Betty Boop, the iconic Fleischer flapper, also made her debut in 1930 in the cartoon Dizzy Dishes. If you’re considering using clips for your project, go for it! Just be aware that Betty Boop initially appeared as a dog — her earrings were originally dog ears. Therefore, it’s that version that is in the public domain, not her later, more human iterations. Similarly, the first appearance of Pluto (originally called Rover) in The Picnic is now free to use.
On another note, if you’re a gamer interested in these characters, you might want to check out the Gaming Like It’s 1930 jam. You have until the end of January to submit your digital or analog game, but remember, it must include a work from 1930.
