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Another thing to keep in mind, though, is whether or not you are attempting to use the original public-domain content.
For the sake of argument, let's say you want to use "Debbie Does Dallas" which is in public domain. So after doing some searching you find a really good copy. However, it's really good because someone digitally remastered it. By making significant changes to the original, they can now claim copyright to their new and improved work.
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