Difference between revisions of "Public domain" - New World Encyclopedia

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{{Intellectual property}}
 
{{Intellectual property}}
 
The '''public domain''' consists of all the [[creative work]] to which no [[Exclusive right|exclusive]] [[intellectual property]] rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.
 
The '''public domain''' consists of all the [[creative work]] to which no [[Exclusive right|exclusive]] [[intellectual property]] rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.
  
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For example, the works of [[William Shakespeare]] and [[Edgar Allan Poe]] are in the public domain either by virtue of their having been created before [[copyright]] existed, or by their copyright term having expired. Some works are not covered by copyright, and are therefore in the public domain; other works may be actively dedicated by their authors to the public domain. As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another.  
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For example, the works of [[William Shakespeare]] and [[Edgar Allan Poe]] are in the public domain either by virtue of their having been created before [[copyright]] existed, or by their copyright term having expired. Some works, such as those created by the government, are not covered by copyright, and are therefore automatically in the public domain; others may be actively dedicated by their authors to the public domain. As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another.
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The value of the public domain is that it promotes cultural, social, and economic development through making available data, facts, ideas, theories, and scientific principles, as well as providing public access to cultural heritage.  
  
 
==Definition==
 
==Definition==
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The '''public domain''' consists of all the [[creative work]] to which no [[Exclusive right|exclusive]] [[intellectual property]] rights apply. Those rights may have expired,<ref name=Boyle>James Boyle, ''The Public Domain: Enclosing the Commons of the Mind'' (Yale University Press, 2008, ISBN 978-0300137408).</ref> been forfeited,<ref name=Graber>Christoph Beat Graber and Mira Burri-Nenova (eds.), ''Intellectual Property and Traditional Cultural Expressions in a Digital Environment'' (Edward Elgar Pub., 2008, ISBN 978-1847209214).</ref> expressly waived, or may be inapplicable.<ref>Daniel A. Tysver, [https://www.bitlaw.com/copyright/unprotected.html Works Unprotected by Copyright Law] Retrieved October 23, 2020. </ref>
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The '''public domain''' consists of all the [[creative work]] to which no [[Exclusive right|exclusive]] [[intellectual property]] rights apply. Those rights may have expired,<ref name=Boyle>James Boyle, ''The Public Domain: Enclosing the Commons of the Mind'' (Yale University Press, 2008, ISBN 0300137400).</ref> been forfeited,<ref name=Graber>Christoph Beat Graber and Mira Burri-Nenova (eds.), ''Intellectual Property and Traditional Cultural Expressions in a Digital Environment'' (Edward Elgar Pub., 2008, ISBN 978-1847209214).</ref> expressly waived, or may be inapplicable.<ref>Daniel A. Tysver, [https://www.bitlaw.com/copyright/unprotected.html Works Unprotected by Copyright Law] Retrieved January 1, 2023. </ref>
  
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[[File:NewtonsPrincipia.jpg|thumb|[[Isaac Newton|Newton's]] own copy of his ''[[Philosophiæ Naturalis Principia Mathematica|Principia]]'', with hand-written corrections for the second edition]]
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[[File:NewtonsPrincipia.jpg|thumb|400px|[[Isaac Newton|Newton's]] own copy of his ''[[Philosophiæ Naturalis Principia Mathematica|Principia]]'', with hand-written corrections for the second edition]]
  
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Definitions of the boundaries of the public domain in relation to [[copyright]], or intellectual property more generally, regard the public domain as a negative space; that is, it consists of works that are no longer in copyright term or were never protected by copyright law.<ref name=Ronan>Deazley Ronan, ''Rethinking Copyright: History, Theory, Language'' (Edward Elgar Pub., 2006, ISBN 978-1845422820).</ref> According to [[James Boyle (academic)|James Boyle]] this definition underlines common usage of the term ''public domain'' and equates the public domain to [[public property]]. However, the usage of the term ''public domain'' can be more granular, including for example uses of works in copyright permitted by [[copyright exceptions]]. Such a definition regards work in copyright as private property subject to [[fair use|fair-use]] rights and limitation on ownership.<ref name=Boyle/>  
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Definitions of the boundaries of the public domain in relation to [[copyright]], or intellectual property more generally, regard the public domain as a negative space; that is, it consists of works that are no longer in copyright term or were never protected by copyright law.<ref name=Ronan>Ronan Deazley, ''Rethinking Copyright: History, Theory, Language'' (Edward Elgar Pub., 2006, ISBN 978-1845422820).</ref> According to [[James Boyle (academic)|James Boyle]] this definition underlines common usage of the term ''public domain'' and equates the public domain to [[public property]]. However, the usage of the term ''public domain'' can be more granular, including for example uses of works in copyright permitted by [[copyright exceptions]]. Such a definition regards work in copyright as private property subject to [[fair use|fair-use]] rights and limitation on ownership.<ref name=Boyle/>  
  
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A conceptual definition which focuses on what the public domain should be is as follows: "it should be a place of sanctuary for individual creative expression, a sanctuary conferring affirmative protection against the forces of private appropriation that threatened such expression".<ref name=Ronan/> On the other hand, the public domain can be understood not as a "territory," but rather as a concept:  
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A conceptual definition which focuses on what the public domain should be is as follows: "it should be a place of sanctuary for individual creative expression, a sanctuary conferring affirmative protection against the forces of private appropriation that threatened such expression."<ref name=Ronan/> On the other hand, the public domain can be understood not as a "territory," but rather as a concept:  
 
<blockquote>[T]here are certain materials – the air we breathe, sunlight, rain, space, life, creations, thoughts, feelings, ideas, words, numbers – not subject to private ownership. The materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival.<ref name=Ronan/></blockquote>  
 
<blockquote>[T]here are certain materials – the air we breathe, sunlight, rain, space, life, creations, thoughts, feelings, ideas, words, numbers – not subject to private ownership. The materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival.<ref name=Ronan/></blockquote>  
  
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As examples, the works of [[William Shakespeare]], [[Ludwig van Beethoven]], and [[Edgar Allan Poe]], are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired.<ref name=Boyle/> Some works are not covered by copyright, and are therefore in the public domain—among them the formulae of Newtonian physics, cooking recipes, titles, <ref>[http://copyright.gov/circs/circ33.pdf Works Not Protected by Copyright, Circular 33] ''U.S. Copyright Office'', September 2017. Retrieved October 8, 2020.</ref> and all computer software  created prior to 1974.<ref>Mark A. Lemley, Peter S. Menell, Robert P. Merges, Pamela Samuelson, and Brian W. Carver, ''Software and Internet Law'' (Aspen Publishers, 2011, ISBN 978-0735589155).</ref> Other works are actively dedicated by their authors to the public domain; some examples include reference implementations of cryptographic algorithms, the image-processing software ImageJ (created by the National Institutes of Health),<ref>[http://rsb.info.nih.gov/ij/disclaimer.html ImageJ Disclaiemer] Retrieved October 23, 2020.</ref> and the CIA's ''The World Factbook''.<ref>[https://www.cia.gov/library/publications/the-world-factbook/docs/contributor_copyright.html Copyright and Contributors] ''The World Factbook''. Retrieved October 23, 2020.</ref> The term ''public domain'' is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission."
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As examples, the works of [[William Shakespeare]], [[Ludwig van Beethoven]], and [[Edgar Allan Poe]], are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired.<ref name=Boyle/> Some works are not covered by copyright, and are therefore in the public domain—among them the formulae of Newtonian physics, cooking recipes, titles, <ref>[https://copyright.gov/circs/circ33.pdf Works Not Protected by Copyright, Circular 33] ''U.S. Copyright Office'', September 2017. Retrieved January 2, 2023..</ref> and all computer software  created prior to 1974.<ref>Mark A. Lemley, Peter S. Menell, Robert P. Merges, Pamela Samuelson, and Brian W. Carver, ''Software and Internet Law'' (Aspen Publishers, 2011, ISBN 978-0735589155).</ref> Other works are actively dedicated by their authors to the public domain; some examples include reference implementations of cryptographic algorithms, the image-processing software ImageJ (created by the National Institutes of Health),<ref>[https://imagej.nih.gov/ij/disclaimer.html ImageJ Disclaiemer] Retrieved January 2, 2023.</ref> and the CIA's ''The World Factbook''.<ref>[https://www.cia.gov/the-world-factbook/about/copyright-and-contributors/ Copyright and Contributors] ''The World Factbook''. Retrieved January 2, 2023.</ref> The term ''public domain'' is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission."
  
 
As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a country-by-country basis, and the absence of registration in a particular country, if required, gives rise to public-domain status for a work in that country.
 
As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a country-by-country basis, and the absence of registration in a particular country, if required, gives rise to public-domain status for a work in that country.
  
 
==History==
 
==History==
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Although the term ''domain'' did not come into use until the mid-18th century, the concept can be traced back to the ancient [[Roman law|Roman Law]], “as a preset system included in the property right system."<ref name="Haung">{{cite journal|last=Huang|first=H.|title=On public domain in copyright law| journal=Frontiers of Law in China| year=2009| volume=4| issue=2| pages=178–195| doi=10.1007/s11463-009-0011-6|s2cid=153766621}}</ref> The Romans had a large proprietary rights system where they defined "many things that cannot be privately owned"<ref name="Haung"/> as ''[[res nullius]]'', ''[[Res communis|res communes]]'', ''[[res publica]]e'' and ''res universitatis''. The term ''res nullius'' was defined as things not yet appropriated.<ref>Rose, C Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age (Winter 2003) Law and Contemporary Problems 89 at p.5, p.4</ref> The term ''res communes'' was defined as "things that could be commonly enjoyed by mankind, such as air, sunlight and ocean."<ref name="Haung"/> The term ''res publicae'' referred to things that were shared by all citizens, and the term ''res universitatis'' meant things that were owned by the municipalities of Rome.<ref name="Haung"/> When looking at it from a historical perspective, one could say the construction of the idea of "public domain" sprouted from the concepts of ''res communes'', ''res publicae'', and ''res universitatis'' in early Roman law.<ref name="Haung"/>
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Although the term ''domain'' did not come into use until the mid-eighteenth century, the concept can be traced back to the ancient [[Roman law|Roman Law]], "as a preset system included in the property right system."<ref name="Haung">Hui Huang, [https://link.springer.com/article/10.1007/s11463-009-0011-6 On public domain in copyright law] ''Frontiers of Law in China'' 4(2) (2009):178–195. Retrieved January 2, 2023. </ref> The Romans had a large proprietary rights system where they defined "many things that cannot be privately owned" as ''[[res nullius]]'', ''[[Res communis|res communes]]'', ''[[res publica]]e'' and ''res universitatis''.<ref name="Haung"/> The term ''res nullius'' was defined as things not yet appropriated.<ref>Carol M. Rose, [https://scholarship.law.duke.edu/lcp/vol66/iss1/4/ Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age] ''Law and Contemporary Problems'' 66 (Winter 2003): 89-110. Retrieved January 2, 2023.</ref> The term ''res communes'' was defined as "things that could be commonly enjoyed by mankind, such as air, sunlight and ocean"; ''res publicae'' referred to things that were shared by all citizens; and ''res universitatis'' meant things that were owned by the municipalities of Rome.<ref name="Haung"/>  
  
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When the first early copyright law was originally established in Britain with the [[Statute of Anne]] in 1710, public domain did not appear. However, similar concepts were developed by British and French jurists in the 18th century. Instead of "public domain", they used terms such as ''[[publici juris]]'' or ''propriété publique'' to describe works that were not covered by copyright law.<ref>{{Cite book| last = Torremans| first = Paul| title = Copyright law: a handbook of contemporary research| publisher = Edward Elgar Publishing| year = 2007| pages = 134–135| url = https://books.google.com/books?id=wHJBemWuPT4C&dq=%22perpetual+copyright%22| isbn = 978-1-84542-487-9}}</ref>
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When the first early copyright law was originally established in Britain with the [[Statute of Anne]] in 1710, public domain did not appear. However, similar concepts were developed by British and French jurists in the eighteenth century. Instead of "public domain," they used terms such as ''[[publici juris]]'' or ''propriété publique'' to describe works that were not covered by copyright law.<ref name=Torremans>Paul Torremans, ''Copyright Law: A Handbook of Contemporary Research'' (Edward Elgar Publishing, 2008, ISBN 978-1845424879).</ref>
  
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The phrase "fall in the public domain" can be traced to mid-19th century France to describe the end of [[copyright term]]. The French poet [[Alfred de Vigny]] equated the expiration of copyright with a work falling "into the sink hole of  public domain"<ref>{{Cite book| last = Torremans| first = Paul| title = Copyright law: a handbook of contemporary research| publisher = Edward Elgar Publishing| year = 2007| page = 154| url = https://books.google.com/books?id=wHJBemWuPT4C&dq=%22perpetual+copyright%22| isbn = 978-1-84542-487-9}}</ref> and if the public domain receives any attention from intellectual property lawyers it is still treated as little more than that which is left when intellectual property rights, such as [[copyright]], [[patents]], and [[trademarks]], expire or are abandoned.<ref name="Ronan 2006 103">{{Cite book|last=Ronan |first=Deazley |title=Rethinking copyright: history, theory, language |publisher=Edward Elgar Publishing |year=2006 |page=103 |url=https://www.google.com/books?id=dMYXq9V1JBQC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s |isbn=978-1-84542-282-0 |url-status=live |archiveurl=https://web.archive.org/web/20111119042246/https://www.google.com/books?id=dMYXq9V1JBQC&dq=statute%20of%20anne%20copyright&lr=&as_brr=3&source=gbs_navlinks_s |archivedate=19 November 2011 }}</ref> In this historical context Paul Torremans describes copyright as a, "little coral reef of private right jutting up from the ocean of the public domain."<ref>{{Cite book| last = Torremans| first = Paul| title = Copyright law: a handbook of contemporary research| publisher = Edward Elgar Publishing| year = 2007| page = 137| url = https://books.google.com/books?id=wHJBemWuPT4C&dq=%22perpetual+copyright%22| isbn = 978-1-84542-487-9}}</ref> Copyright law differs by country, and the American legal scholar [[Pamela Samuelson]] has described the public domain as being "different sizes at different times in different countries".<ref>{{Cite book|last=Ronan |first=Deazley |title=Rethinking copyright: history, theory, language |publisher=Edward Elgar Publishing |year=2006 |page=102 |url=https://www.google.com/books?id=dMYXq9V1JBQC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s |isbn=978-1-84542-282-0 |url-status=live |archiveurl=https://web.archive.org/web/20111119042246/https://www.google.com/books?id=dMYXq9V1JBQC&dq=statute%20of%20anne%20copyright&lr=&as_brr=3&source=gbs_navlinks_s |archivedate=19 November 2011 }}</ref>
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The phrase "fall in the public domain" can be traced to mid-nineteenth century France to describe the end of [[copyright term]]. The French poet [[Alfred de Vigny]] equated the expiration of copyright with a work falling "into the sink hole of  public domain"<ref name=Torremans/> and if the public domain receives any attention from intellectual property lawyers it is still treated as little more than that which is left when intellectual property rights, such as [[copyright]], [[patents]], and [[trademarks]], expire or are abandoned.<ref name=Ronan/> In this historical context Paul Torremans describes copyright as a, "little coral reef of private right jutting up from the ocean of the public domain."<ref name=Torremans/> Copyright law differs by country, and the American legal scholar [[Pamela Samuelson]] has described the public domain as being "different sizes at different times in different countries."<ref name=Ronan/>
  
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==Value==
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The presence of a robust public domain is essential for cultural, social, and economic development.<ref name=Guibault> Lucie M.C.R. Guibault, ''The Future of Public Domain: Identifying the Commons in Information Law'' (Kluwer Law International, 2006, ISBN 978-9041124357).</ref>
  
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The value of the public domain includes:
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# Building blocks for the creation of new knowledge, examples include data, facts, ideas, theories, and scientific principle.
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# Access to cultural heritage through information resources such as ancient Greek texts and Mozart's symphonies.
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# Promoting education, through the spread of information, ideas, and scientific principles.
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# Enabling follow-on innovation, through for example expired patents and copyright.
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# Enabling low cost access to information without the need to locate the owner or negotiate rights clearance and pay royalties, through for example expired copyrighted works or patents, and non-original data compilation.
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# Promoting public health and safety, through information and scientific principles.
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# Promoting the democratic process and values, through news, laws, regulation, and judicial opinion.
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# Enabling competitive imitation, through for example expired patents and copyright, or publicly disclosed technologies that do not qualify for patent protection.<ref name=Guibault/>
  
 
==Public domain by medium==
 
==Public domain by medium==
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{{more citations needed|date=April 2018}}
 
  
 
=== Public domain books ===
 
=== Public domain books ===
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In most countries the term of protection of copyright expires on the first day of January, 70 years after the death of the latest living author. The longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928.
 
In most countries the term of protection of copyright expires on the first day of January, 70 years after the death of the latest living author. The longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928.
  
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A notable exception is the United States, where every book and tale published prior to 1925 is in the public domain; American copyrights last for 95 years for books originally published between 1925 and 1978 if the copyright was properly registered and maintained.<ref>[https://copyright.cornell.edu/publicdomain Copyright Term and the Public Domain in the United States] ''Copyright Information Center'', Cornell University Library. Retrieved October 23, 2020.</ref>
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A notable exception is the United States, where every book and tale published prior to 1925 is in the public domain; American copyrights last for 95 years for books originally published between 1925 and 1978 if the copyright was properly registered and maintained.<ref name=Term>[https://guides.library.cornell.edu/copyright/publicdomain Copyright Term and the Public Domain in the United States] ''Copyright Information Center'', Cornell University Library. Retrieved January 2, 2023.</ref>
  
 
For example, the works of [[Jane Austen]], [[Lewis Carroll]], [[Machado de Assis]], [[Olavo Bilac]], and [[Edgar Allan Poe]] are in the public domain worldwide as they all died over 100 years ago.
 
For example, the works of [[Jane Austen]], [[Lewis Carroll]], [[Machado de Assis]], [[Olavo Bilac]], and [[Edgar Allan Poe]] are in the public domain worldwide as they all died over 100 years ago.
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===Public domain music===
 
===Public domain music===
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People have been creating music for millennia. The first [[musical notation]] system, the [[Music of Mesopotamia]] system, was created 4,000 years ago. [[Guido of Arezzo]] introduced Latin musical notation in the 10th century.{{citation needed|date=August 2016}} This laid the foundation for the preservation of global music in the public domain, a distinction formalized alongside copyright systems in the 17th century. Musicians copyrighted their publications of musical notation as literary writings, but performing copyrighted pieces and creating derivative works were not restricted by early copyright laws. Copying was widespread, in compliance with the law, but expansions of those laws intended to benefit literary works and responding to commercial music recording technology's reproducibility have led to stricter rules. Relatively recently, a normative view that copying in music is not desirable and lazy has become popular among professional musicians.
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People have been creating [[music]] for millennia. [[Guido of Arezzo]] introduced the currently used musical notation system in the tenth century.<ref>[https://www.newadvent.org/cathen/07065a.htm Guido of Arezzo] ''Catholic Encylopedia''. Retrieved January 2, 2023.</ref> This laid the foundation for the preservation of global music in the public domain, a distinction formalized alongside copyright systems in the seventeenth century. Musicians copyrighted their publications of musical notation as literary writings, but performing copyrighted pieces and creating derivative works were not restricted by early copyright laws. Copying was widespread, in compliance with the law, but expansions of those laws intended to benefit literary works and responding to commercial music recording technology's reproducibility led to stricter rules.  
  
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US copyright laws distinguish between musical compositions and sound recordings, the former of which refers to melody, notation and/or lyrics created by a composer and/or lyricist, including sheet music, and the latter referring to a recording performed by an artist, including a CD, LP, or digital sound file.<ref>{{cite web|url=https://www.copyright.gov/circs/circ56a.pdf|title=Copyright Registration of Musical Compositions and Sound Recordings|publisher=United States Copyright Office|accessdate=October 15, 2018}}</ref> Musical compositions fall under the same general rules as other works, and anything published prior to 1925 is considered public domain. Sound recordings, on the other hand, are subject to different rules and are not eligible for public domain status until 2021–2067, depending on the date and location of publishing, unless explicitly released beforehand.<ref>{{cite web |url= https://copyright.cornell.edu/publicdomain |title= Copyright Term and the Public Domain in the United States |publisher=Cornell University |accessdate= October 15, 2018}}</ref>
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US copyright laws distinguish between musical compositions and sound recordings, the former of which refers to [[melody]], [[music notation|notation]], and/or [[lyrics]] created by a composer and/or lyricist, including sheet music, while the latter refers to a recording performed by an artist, including a CD, LP, or digital sound file.<ref>[https://www.copyright.gov/circs/circ56a.pdf Copyright Registration of Musical Compositions and Sound Recordings] ''United States Copyright Office'', July, 2020. Retrieved January 2, 2023.</ref> Musical compositions fall under the same general rules as other works, and anything published prior to 1925 is considered public domain. Sound recordings, on the other hand, are subject to different rules and are not eligible for public domain status until 2021–2067, depending on the date and location of publishing, unless explicitly released beforehand.<ref name=Term/>
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The [[Musopen]] project records music in the public domain for the purposes of making the music available to the general public in a high-quality audio format. Online musical archives preserve collections of classical music recorded by Musopen and offer them for download/distribution as a public service.
 
  
 
===Public domain films===
 
===Public domain films===
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{{Main|Public domain film}}
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A '''public-domain film''' is a [[film]] that was never under copyright, was released to public domain by its author, or has had its [[copyright]] expired.
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A '''public-domain film''' is a [[film]] that was never under copyright, was released to public domain by its author or has had its [[copyright]] expired. In 2016, there were more than 2,000 films in the public domain from every genre, including musicals, romance, horror, noir westerns, and animated movies.{{Citation needed|date=December 2017}}
 
  
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==Value==
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In the United States, motion pictures are copyrighted for 95 years. All copyrightable works made by United States government employees as part of their official duties are in the public domain from their creation.
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Pamela Samuelson has identified eight "values" that can arise from information and works in the public domain.<ref name="Guibault 2006 xx">{{Cite book |last= Guibault |first= Lucy |author2= Bernt Hugenholtz |title= The future of the public domain: identifying the commons in information law |publisher= Kluwer Law International |year= 2006 |url= https://www.google.com/books?id=KJmNGglq0nwC&dq=public+domain&lr=&as_brr=3&source=gbs_navlinks_s |isbn= 978-9-0411-24357 |url-status= live |archiveurl= https://web.archive.org/web/20141218080732/http://www.google.com/books?id=KJmNGglq0nwC&dq=public+domain&lr=&as_brr=3&source=gbs_navlinks_s |archivedate= 18 December 2014 |df= dmy-all}}</ref>
 
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Possible values include:
 
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# Building blocks for the creation of new knowledge, examples include data, facts, ideas, theories, and scientific principle.
 
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# Access to cultural heritage through information resources such as ancient Greek texts and Mozart's symphonies.
 
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# Promoting education, through the spread of information, ideas, and scientific principles.
 
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# Enabling follow-on innovation, through for example expired patents and copyright.
 
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# Enabling low cost access to information without the need to locate the owner or negotiate rights clearance and pay royalties, through for example expired copyrighted works or patents, and non-original data compilation.<ref>{{cite document|title=From music tracks to Google maps: who owns Computer Generated Works?|author=Perry&Margoni|year=2010|publisher=Computer Law and Security Review|ssrn=1647584}}</ref>
 
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# Promoting public health and safety, through information and scientific principles.
 
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# Promoting the democratic process and values, through news, laws, regulation, and judicial opinion.
 
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# Enabling competitive imitation, through for example expired patents and copyright, or publicly disclosed technologies that do not qualify for patent protection.<ref name="Guibault 2006 xx"/>{{rp|22}}
 
  
 
==Relationship with derivative works==
 
==Relationship with derivative works==
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{{Main|Derivative work}}
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Derivative works include [[translation]]s, [[musical arrangements]], and [[Adaptation (arts)|dramatization]]s of a work, as well as other forms of transformation or adaptation. Copyrighted works may not be used for derivative works without permission from the copyright owner,<ref>Marshall A. Leaffer, ''Understanding Copyright Law'' (Lexis Nexis Matthew Bender, 1995, ISBN 978-0256164480).</ref> while public domain works can be freely used for derivative works without permission.<ref> World Intellectual Property Organization, ''Introduction to Intellectual Property: Theory and Practice'' (Wolters Kluwer, 2017, ISBN 9041160930).</ref><ref>Stephen Fishman, ''The Copyright Handbook: What Every Writer Needs to Know'' (NOLO, 2017, ISBN 978-1413324266).</ref> Artworks that are public domain may also be reproduced photographically or artistically or used as the basis of new, interpretive works.<ref>Stephen Fishman, ''The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More'' (NOLO, 2020, ISBN 978-1413327564). </ref> Works derived from public domain works can be copyrighted.<ref>Rich Stim, [https://fairuse.stanford.edu/overview/public-domain/trouble-spots/#public_domain_works_that_are_modified Public Domain Works That Are Modified] ''Public Domain Trouble Spots''. Retrieved January 2, 2023.</ref>
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Derivative works include [[translation]]s, [[musical arrangements]], and [[Adaptation (arts)|dramatization]]s of a work, as well as other forms of transformation or adaptation.<ref>{{cite web |last= Stern |first= Prof Richard H. |title= L.H.O.O.Q. Internet related Derivative Works |work= Supplemental material Computer Law 484 |publisher= The George Washington University Law School |year= 2001 |url= http://docs.law.gwu.edu/facweb/claw/Lhooq0.htm|accessdate= 23 May 2010}}</ref> Copyrighted works may not be used for derivative works without permission from the copyright owner,<ref>{{cite book |title= Understanding copyright law |series= Legal text series; Contemporary Casebook Series |last= Leaffer |first= Marshall A. |edition= 2nd |publisher= M. Bender |year= 1995 |isbn= 0-256-16448-7 |page= [https://archive.org/details/understandingcop00leaf/page/46 46] |url= https://archive.org/details/understandingcop00leaf/page/46 }}</ref> while public domain works can be freely used for derivative works without permission.<ref name="google.com">{{Cite book |title= Introduction to intellectual property: theory and practice |publisher= World Intellectual Property Organisation, Kluwer Law International |year= 1997 |page= 313 |url= https://www.google.com/books?id=n7DkfPpwLbEC&dq=adaptation+public+domain+disney&lr=&source=gbs_navlinks_s |isbn= 978-90-411-0938-5 |url-status= live |archiveurl= https://web.archive.org/web/20150406230406/http://www.google.com/books?id=n7DkfPpwLbEC&dq=adaptation+public+domain+disney&lr=&source=gbs_navlinks_s |archivedate= 6 April 2015 |df= dmy-all}}</ref><ref name="Fishman2008">{{cite book |last=Fishman |first=Stephen |title=The copyright handbook: what every writer needs to know |url= https://books.google.com/books?id=qlsvhw6O7koC&pg=PA178 |accessdate=1 June 2010 |date= September 2008 |publisher= Nolo |isbn= 978-1-4133-0893-8 |page=178}}</ref> Artworks that are public domain may also be reproduced photographically or artistically or used as the basis of new, interpretive works.<ref>{{Cite book |last= Fishman |first= Stephen |title= Public domain: how to find and use copyright-free writings, music, art and more |publisher= Nolo |year= 2008 |pages= 124–125 |url= https://books.google.com/books?id=fRY4QBpLFGQC&dq=L.H.O.O.Q.+copyright+%22public+domain%22 |isbn= 978-1-4133-0858-7}}</ref> Works derived from public domain works can be copyrighted.<ref>[http://fairuse.stanford.edu/overview/public-domain/trouble-spots/#public_domain_works_that_are_modified Public Domain Trouble Spots - Copyright Overview by Rich Stim - Stanford Copyright and Fair Use Center] {{webarchive |url= https://web.archive.org/web/20160518231739/http://fairuse.stanford.edu/overview/public-domain/trouble-spots |date=18 May 2016 }}. Section called "Public Domain Works That Are Modified".</ref>
 
  
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Once works enter into the public domain, derivative works such as adaptations in book and film may increase noticeably, as happened with [[Frances Hodgson Burnett]]'s novel ''[[The Secret Garden]]'', which became public domain in the US in 1977 and most of the rest of the world in 1995.<ref name="Lundin2004">{{cite book |last=Lundin |first=Anne H. |title= Constructing the canon of children's literature: beyond library walls and ivory towers |url= https://books.google.com/books?id=72flittye58C&pg=PA138|accessdate=1 June 2010 |date=2 August 2004 |publisher= Routledge |isbn=978-0-8153-3841-3 |page=138}}</ref> By 1999, the plays of Shakespeare, all public domain, had been used in more than 420 feature-length films.<ref>Young, Mark (ed.). ''The Guinness Book of Records 1999'', Bantam Books, 358; Voigts-Virchow, Eckartm (2004), ''Janespotting and Beyond: British Heritage Retrovisions Since the Mid-1990s'', Gunter Narr Verlag, 92.</ref> In addition to straightforward adaptation, they have been used as the launching point for transformative retellings such as [[Tom Stoppard]]'s ''[[Rosencrantz and Guildenstern Are Dead]]'' and [[Troma Entertainment]]'s ''[[Romeo and Juliet]]''.<ref name="Homan2004">{{cite book |last=Homan |first=Sidney |title= Directing Shakespeare: a scholar onstage |url= https://books.google.com/books?id=EM0n1ueBa_sC&pg=PT101 |accessdate=1 June 2010 |year=2004 |publisher= Ohio University Press |isbn=978-0-8214-1550-4 |page=101}}</ref><ref name="Kossak2005">{{cite book |last=Kossak |first=Saskia |title= "Frame my face to all occasions": Shakespeare's Richard III on screen |url= https://books.google.com/books?id=-PNZAAAAMAAJ |accessdate=1 June 2010 |year=2005 |publisher=Braumüller |isbn=978-3-7003-1492-9 |page=17}}</ref><ref name="CartmellWhelehan2007">{{cite book |last1=Cartmell |first1=Deborah |author2= Imelda Whelehan |title=The Cambridge companion to literature on screen |url= https://books.google.com/books?id=fhJNFc1f0DAC&pg=PA69 |accessdate=1 June 2010 |year=2007 |publisher= Cambridge University Press |isbn= 978-0-521-61486-3|page=69}}</ref> Marcel Duchamp's ''[[L.H.O.O.Q.]]'' is a derivative of Leonardo da Vinci's ''Mona Lisa'', one of thousands of derivative works based on the public domain painting.<ref name="google.com"/> The 2018 film ''[[A Star Is Born (2018 film)|A Star is Born]]'' is a remake of the [[A Star Is Born (1937 film)|1937 film of the same name]], which is in the public domain due to an unrenewed copyright.<ref>{{Cite web|last=|first=|date=|title=Everything you need to know about the 1937 version of 'A Star Is Born'|url=https://ew.com/movies/2018/10/07/a-star-is-born-1937-everything-to-know/|url-status=live|archive-url=|archive-date=|access-date=2020-08-12|website=[[Entertainment Weekly]]|language=EN}}</ref>  
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Once works enter into the public domain, derivative works such as adaptations in book and film may increase noticeably, as happened with [[Frances Hodgson Burnett]]'s novel ''[[The Secret Garden]]'', which became public domain in the US in 1977 and most of the rest of the world in 1995.<ref>Anne Lundin, ''Constructing the Canon of Children's Literature: Beyond Library Walls and Ivory Towers'' (Routledge, 2004, ISBN 978-0815338413).</ref> By 1999, the plays of Shakespeare, all public domain, had been used in more than 420 feature-length films.<ref> Angelo Steccanella, ''Janespotting and Beyond'' (Gunter Narr Verlag, 2004, ISBN 978-3823360964).</ref> In addition to straightforward adaptation, they have been used as the launching point for transformative retellings such as [[Tom Stoppard]]'s ''[[Rosencrantz and Guildenstern Are Dead]]'' and [[Troma Entertainment]]'s ''[[Romeo and Juliet]]''.<ref>Sidney Homan, ''Directing Shakespeare'' (Ohio University Press, 2004, ISBN 978-0821415504).</ref>
  
 
== Perpetual copyright ==
 
== Perpetual copyright ==
 
{{Main|Perpetual copyright}}
 
{{Main|Perpetual copyright}}
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Some works may never fully lapse into the public domain. A perpetual [[crown copyright]] is held for the [[Authorized King James Version]] of the Bible in the UK.<ref>{{cite book |first=Bruce M. |last=Metzger |title=The Oxford companion to the Bible |year=2006 |publisher=Oxford Univ. Press |location=Oxford |isbn=978-0-1950-46458 |pages=[https://archive.org/details/isbn_9780195046458/page/618 618] |url=https://archive.org/details/isbn_9780195046458/page/618 }}</ref>
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Some works may never fully lapse into the public domain. For example, a perpetual [[crown copyright]] is held for the [[Authorized King James Version]] of the [[Bible]] in the UK.<ref>Bruce M. Metzger and Michael David Coogan (eds.), ''The Oxford Companion to the Bible'' (Oxford University Press, 1993, ISBN 978-0195046458).</ref>
  
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While the copyright has expired for the Peter Pan works by [[J. M. Barrie]] (the play ''[[Peter Pan, or the Boy Who Wouldn't Grow Up]]'' and the novel ''Peter and Wendy'') in the United Kingdom, it was granted a special exception under the Copyright, Designs, and Patents Act 1988 (Schedule 6)<ref>{{cite web |url=http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_28.htm |title=Copyright, Designs and Patents Act 1988 (c. 48) |work=Office of Public Sector Information |year=1988 |page=28 |accessdate=2 September 2008 |url-status=live |archiveurl=https://web.archive.org/web/20080601225021/http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_28.htm |archivedate=1 June 2008 }}</ref> that requires royalties to be paid for commercial performances, publications and broadcasts of the story of Peter Pan within the UK, as long as [[Great Ormond Street Hospital]] (to whom Barrie gave the copyright) continues to exist.
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While the copyright has expired for the ''Peter Pan'' works by [[J. M. Barrie]] (the play ''[[Peter Pan, or the Boy Who Wouldn't Grow Up]]'' and the novel ''Peter and Wendy'') in the United Kingdom, it was granted a special exception under the Copyright, Designs, and Patents Act 1988 (Schedule 6) that requires royalties to be paid for commercial performances, publications, and broadcasts of the story of Peter Pan within the UK, as long as [[Great Ormond Street Hospital]] (to whom Barrie gave the copyright) continues to exist.<ref>[https://www.legislation.gov.uk/ukpga/1988/48/contents Copyright, Designs and Patents Act 1988 (c. 48)] Office of Public Sector Information, 1988. Retrieved January 2, 2023.</ref>
  
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In a [[paying public domain]] regime, works that have entered the public domain after their copyright has expired, or traditional knowledge and traditional cultural expressions that have never been subject to copyright, are still subject to royalties payable to the state or to an authors' association. The user does not have to seek permission to copy, present or perform the work, but does have to pay the fee. Typically the royalties are directed to support of living artists.<ref>{{citation |date=24 November 2010 |publisher=Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore: Seventeenth Session
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In a [[paying public domain]] regime, works that have entered the public domain after their copyright has expired, or traditional knowledge and traditional cultural expressions that have never been subject to copyright, are still subject to royalties payable to the state or to an authors' association. The user does not have to seek permission to copy, present or perform the work, but does have to pay the fee. The principle is that revenue from the work of long-dead artists should be used to support creativity of living artists. Paying public domain regimes have been introduced and withdrawn in several countries. They are still in place in several countries in South America and Africa.
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|author=WIPO Secretariat |title=Note on the Meanings of the Term "Public Domain" in the Intellectual Property System with special reference to the Protection of Traditional Knowledge and Traditional Cultural Expressions/Expressions of Folklore |url=http://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_17/wipo_grtkf_ic_17_inf_8.doc |accessdate=2018-11-28}}</ref> This is example of [[permission culture]] and only people who can pay the public copyright fee can create derivative works.
 
  
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[[File:Cc-public_domain_mark_white.png|thumb |200px|Creative Commons' [[Public Domain Mark]]]]
 
== Public domain mark ==
 
== Public domain mark ==
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{{Main|Public Domain Mark}}
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[[Creative Commons license|Creative Commons]] proposed in 2010 the ''[[Public Domain Mark]]'' (PDM) as [[symbol]] to indicate that a work is free of known [[copyright]] restrictions and therefore in the public domain.<ref>[http://www.h-online.com/open/news/item/Creative-Commons-announces-the-Public-Domain-Mark-1106052.html Creative Commons announces the Public Domain Mark] ''The H Open'', October 12, 2010. Retrieved January 2, 2023.</ref><ref>Diane Peters, [https://creativecommons.org/2010/10/11/improving-access-to-the-public-domain-the-public-domain-mark/ Improving Access to the Public Domain: the Public Domain Mark] ''Creative Commons'', October 11, 2010. Retrieved January 2, 2023. </ref> The public domain mark is a combination of the [[copyright symbol]], which acts as [[copyright notice]], with the international [[no symbol]].
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[[File:Cc-public_domain_mark_white.png|thumb |200px|Creative Commons' [[Public Domain Mark]]]]
 
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The [[Creative Commons license|Creative Commons]] proposed in 2010 the ''[[Public Domain Mark]]'' (PDM) as [[symbol]] to indicate that a work is free of known [[copyright]] restrictions and therefore in the public domain.<ref>{{cite news |url= http://www.h-online.com/open/news/item/Creative-Commons-announces-the-Public-Domain-Mark-1106052.html |title= Creative Commons announces the Public Domain Mark |publisher=[[The H]] |work=The H Open |accessdate=12 October 2010 |date=12 October 2010 |url-status=dead |archiveurl= https://web.archive.org/web/20101016044229/http://www.h-online.com/open/news/item/Creative-Commons-announces-the-Public-Domain-Mark-1106052.html |archivedate= 16 October 2010 }}</ref><ref>{{cite web |url= https://creativecommons.org/weblog/entry/23830 |title= Improving Access to the Public Domain: the Public Domain Mark |publisher= Creative Commons |author=Diane Peters |accessdate=12 October 2010 |date=11 October 2010 |url-status=live |archiveurl=https://web.archive.org/web/20101014022853/http://creativecommons.org/weblog/entry/23830 |archivedate= 14 October 2010 }}</ref> The public domain mark is a combination of the [[copyright symbol]], which acts as [[copyright notice]], with the international [[no symbol]]. The [[Europeana]] databases use it, and for instance on the [[Wikimedia Commons]] in February 2016 2.9 million works (~10% of all works) are listed as ''PDM''.<ref>[https://commons.wikimedia.org/wiki/Category:CC-PD-Mark Category:CC-PD-Mark ] {{webarchive|url=https://web.archive.org/web/20160312115401/https://commons.wikimedia.org/wiki/Category%3ACC-PD-Mark |date=12 March 2016 }} in February 2016</ref>
 
  
 
==Application to copyrightable works==
 
==Application to copyrightable works==
  
 
===Works not covered by copyright law===
 
===Works not covered by copyright law===
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The underlying idea that is expressed or manifested in the creation of a work generally cannot be the subject of copyright law (see [[idea–expression divide]]). Mathematical formulae will therefore generally form part of the public domain, to the extent that their expression in the form of software is not covered by copyright.
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The underlying idea that is expressed in the creation of a work generally cannot be the subject of copyright law (see [[idea–expression divide]]). Mathematical formulae will therefore generally form part of the public domain, to the extent that their expression in the form of software is not covered by copyright.
  
−
Works created before the existence of copyright and patent laws also form part of the public domain. For example, [[the Bible]] and the inventions of [[Archimedes]] are in the public domain. However, translations or new formulations of these works may be copyrighted in themselves.
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Works created before the existence of copyright and patent laws also form part of the public domain. For example, [[the Bible]] and the inventions of [[Archimedes]] are in the public domain. However, translations or new formulations of these works may be copyrighted.
  
 
===Expiration of copyright===
 
===Expiration of copyright===
 
Determination of whether a copyright has expired depends on an examination of the copyright in its source country.
 
Determination of whether a copyright has expired depends on an examination of the copyright in its source country.
  
−
In the United States, determining whether a work has entered the public domain or is still under copyright can be quite complex, primarily because [[copyright term]]s have been extended multiple times and in different ways—shifting over the course of the 20th century from a fixed-term based on first publication, with [[copyright renewal|a possible renewal term]], to a term extending to 50, then 70, years after the death of the author. The claim that "pre-1925 works are in the public domain" is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years.
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In the United States, determining whether a work has entered the public domain or is still under copyright can be quite complex, primarily because [[copyright term]]s have been extended multiple times and in different ways—shifting over the course of the twentieth century from a fixed-term based on first publication, with [[copyright renewal|a possible renewal term]], to a term extending to 50, then 70, years after the death of the author. The claim that "pre-1925 works are in the public domain" is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years.
  
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In most other countries that are signatories to the [[Berne Convention]], copyright term is based on the life of the author, and extends to 50 or 70 years beyond the death of the author. (See [[List of countries' copyright lengths]].)
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In most other countries that are signatories to the [[Berne Convention]], copyright term is based on the life of the author, and extends to 50 or 70 years beyond the death of the author.  
  
−
Legal traditions differ on whether a work in the public domain can have its copyright restored. In the European Union, the [[Copyright Duration Directive]] was applied retroactively, restoring and extending the terms of copyright on material previously in the public domain. Term extensions by the US and Australia generally have not removed works from the public domain, but rather delayed the addition of works to it. However, the United States moved away from that tradition with the [[Uruguay Round Agreements Act]], which removed from the public domain many foreign-sourced works that had previously not been in copyright in the US for failure to comply with US-based [[copyright formalities|formalities requirements]]. Consequently, in the US, foreign-sourced works and US-sourced works are now treated differently, with foreign-sourced works remaining under copyright regardless of compliance with formalities, while domestically-sourced works may be in the public domain if they failed to comply with then-existing formalities requirements—a situation described as odd by some scholars, and unfair by some US-based rightsholders.<ref>[[Dennis Karjala]], "Judicial Oversight of Copyright Legislation", 35 N. Ky. L. Rev. 253 (2008).</ref>
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Legal traditions differ on whether a work in the public domain can have its copyright restored. In the European Union, the [[Copyright Duration Directive]] was applied retroactively, restoring and extending the terms of copyright on material previously in the public domain. Term extensions by the US and Australia generally have not removed works from the public domain, but rather delayed the addition of works to it. However, the United States moved away from that tradition with the [[Uruguay Round Agreements Act]], which removed from the public domain many foreign-sourced works that had previously not been in copyright in the US for failure to comply with US-based [[copyright formalities|formalities requirements]]. Consequently, in the US, foreign-sourced works and US-sourced works are now treated differently, with foreign-sourced works remaining under copyright regardless of compliance with formalities, while domestically-sourced works may be in the public domain if they failed to comply with then-existing formalities requirements.
  
 
===Government works===
 
===Government works===
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[[Work of the United States Government|Works of the United States Government]] and various other governments are excluded from copyright law and may therefore be considered to be in the public domain in their respective countries.<ref>[http://www.copyright.gov/circs/circ01.pdf Copyright Office Basics] {{webarchive |url= https://web.archive.org/web/20090225235545/http://www.copyright.gov/circs/circ01.pdf |date=25 February 2009 }}</ref> They may also be in the public domain in other countries as well. The legal scholar Melville Nimmer has written that "it is axiomatic that material in the public domain is not protected by copyright, even when incorporated into a copyrighted work".<ref>[[Melville Nimmer|Nimmer, Melville B.]], and David Nimmer (1997). ''[[Nimmer on Copyright]]'', section 13.03(F)(4). Albany: Matthew Bender.</ref>
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Works of the United States Government and various other governments are excluded from copyright law and may therefore be considered to be in the public domain in their respective countries.<ref>[https://www.copyright.gov/circs/circ01.pdf Copyright Basics] ''United States Copyright Office''. Retrieved January 2, 2023.</ref> They may also be in the public domain in other countries as well.
  
 
===Dedicating works to the public domain===
 
===Dedicating works to the public domain===
  
 
==== Release without copyright notice ====
 
==== Release without copyright notice ====
−
Before 1988 in the US, works could be easily given into the public domain by just releasing it without an explicit [[Copyright notice]]. With the [[Berne Convention for the Protection of Literary and Artistic Works|Berne Convention]] Implementation Act of 1988 (and the earlier [[Copyright Act of 1976]], which went into effect in 1978), all works were by default copyright protected and needed to be actively given into public domain by a [[waiver]] statement/[[anti-copyright notice|anti-copyright can call notice]].<ref name="cornelledu">{{cite web |url= http://copyright.cornell.edu/resources/publicdomain.cfm |title=Copyright Term and the Public Domain in the United States |accessdate= 30 December 2016 |url-status=live |archiveurl=https://web.archive.org/web/20100926203654/http://www.copyright.cornell.edu/resources/publicdomain.cfm |archivedate=26 September 2010 }}</ref><ref name="copyrightgov">''[http://www.copyright.gov/circs/circ03.pdf Copyright Notice] {{webarchive|url=https://web.archive.org/web/20120926110554/http://www.copyright.gov/circs/circ03.pdf |date=26 September 2012 }}'', U.S. Copyright Office Circular 3, 2008.</ref> Not all legal systems have processes for reliably donating works to the public domain, e.g. [[Civil law (legal system)|civil law]] of [[continental Europe]].{{Citation needed|date=July 2016}} This may even "effectively prohibit any attempt by copyright owners to surrender rights automatically conferred by law, particularly [[Moral rights (copyright law)|moral rights]]".<ref name="aboutcc0">{{cite web |url= https://creativecommons.org/about/cc0 |title= About CC0 — "No Rights Reserved" |publisher=[[Creative Commons]] |accessdate= 23 April 2013 |url-status=live |archiveurl= https://web.archive.org/web/20130428010038/http://creativecommons.org/about/cc0 |archivedate= 28 April 2013 }}</ref>
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Before 1988 in the US, works could be easily given into the public domain by just releasing it without an explicit [[Copyright notice]]. With the [[Berne Convention for the Protection of Literary and Artistic Works|Berne Convention]] Implementation Act of 1988 (and the earlier [[Copyright Act of 1976]], which went into effect in 1978), all works were by default copyright protected and needed to be actively given into public domain by a [[waiver]] statement/[[anti-copyright notice|anti-copyright can call notice]].<ref>[https://www.copyright.gov/circs/circ03.pdf Copyright Notice] ''United States Copyright Office''. Retrieved January 2, 2023.</ref> Not all legal systems have processes for reliably donating works to the public domain. This may even "effectively prohibit any attempt by copyright owners to surrender rights automatically conferred by law, particularly moral rights."<ref>[https://creativecommons.org/share-your-work/public-domain/cc0 No Rights Reserved] ''Creative Commons''. Retrieved January 2, 2023. </ref>
  
 
==== Public-domain-like licenses ====
 
==== Public-domain-like licenses ====
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{{main|Public-domain-equivalent license}}
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An alternative is for copyright holders to issue a license which irrevocably grants as many rights as possible to the general public. Real public domain makes [[license]]s unnecessary, as no owner/author is required to grant permission. There are multiple licenses which aim to release works into the public domain.<ref> [https://opendefinition.org/licenses/ Open Definition: Conformant Licenses] ''Open Knowledge Foundation''. Retrieved January 2, 2023.</ref>
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An alternative is for copyright holders to issue a licence which irrevocably grants as many rights as possible to the general public. Real public domain makes [[license]]s unnecessary, as no owner/author is required to grant permission ("[[Permission culture]]"). There are multiple licenses which aim to release works into the public domain. In 2000 the [[WTFPL]] was released as a public domain like [[software license]].<ref>[https://web.archive.org/web/20130602181949/http://anonscm.debian.org/viewvc/pkg-wmaker/trunk/COPYING.WTFPL?revision=2&view=markup Version 1.0 license] on anonscm.debian.org</ref> In 2009 the [[Creative Commons]] released the [[Creative Commons license#Zero / public domain|CC0]], which was created for [[License compatibility|compatibility]] with law domains which have no concept of ''dedicating into public domain''. This is achieved by a public domain waiver statement and a fall-back all-permissive license, in case the waiver is not possible.<ref>{{cite web |url= https://creativecommons.org/2009/06/17/1117-lulan-artisans-textile-competition/ |title= 11/17: Lulan Artisans Textile Competition |date=17 June 2009 |accessdate=30 December 2016 |url-status=live |archiveurl= https://web.archive.org/web/20161231080413/https://creativecommons.org/2009/06/17/1117-lulan-artisans-textile-competition/ |archivedate=31 December 2016 }}</ref><ref name="CC0">[https://rd-alliance.org/sites/default/files/cc0-analysis-kreuzer.pdf Validity of the Creative Commons Zero 1.0 Universal Public Domain Dedication and its usability for bibliographic metadata from the perspective of German Copyright Law] by Dr. Till Kreutzer, attorney-at-law in [[Berlin, Germany]]</ref> The [[Unlicense]], published around 2010, has a focus on an [[Anti-copyright]] message. The Unlicense offers a public domain waiver text with a fall-back public domain-like license inspired by permissive licenses but without attribution.<ref>[http://ostatic.com/blog/the-unlicense-a-license-for-no-license the-unlicense-a-license-for-no-license] {{webarchive|url=https://web.archive.org/web/20160324154539/http://ostatic.com/blog/the-unlicense-a-license-for-no-license |date=24 March 2016 }} on ostatic.com by Joe Brockmeier (2010)</ref><ref>[http://unlicense.org The Unlicense] {{Webarchive|url=https://web.archive.org/web/20180708180735/http://unlicense.org/ |date=8 July 2018 }} on unlicense.org</ref> Another option is the [[BSD licenses#0-clause license ("Zero Clause BSD")|Zero Clause BSD license]], released in 2006 and aimed to software.<ref>{{cite web|url=https://tldrlegal.com/license/bsd-0-clause-license|title=BSD 0-Clause License (0BSD) Explained in Plain English|accessdate=12 February 2020}}</ref>
 
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In October 2014 the [[Open Knowledge Foundation]] recommends the Creative Commons [[CC0]] license to dedicate content to the public domain,<ref>[http://opendefinition.org/licenses/ licenses] on opendefinition.com</ref><ref>[https://blog.creativecommons.org/2013/12/27/creative-commons-4-0-by-and-by-sa-licenses-approved-conformant-with-the-open-definition/ Creative Commons 4.0 BY and BY-SA licenses approved conformant with the Open Definition] by Timothy Vollmer on creativecommons.org (27 December 2013)</ref> and the ''Open Data Commons Public Domain Dedication and License (PDDL)'' for data.<ref>[http://opendatacommons.org/licenses/pddl/ pddl] on opendatacommons.org</ref>
 
  
 
==Other types of intellectual property==
 
==Other types of intellectual property==
 
===Patents===
 
===Patents===
 
{{Main|Patent}}
 
{{Main|Patent}}
−
In most countries, the term of rights for [[patent]]s is 20 years, after which the invention becomes part of the public domain. In the United States, the contents of patents are considered valid and enforceable for 20 years from the date of filing within the United States or 20 years from the earliest date of filing if under 35 USC 120, 121, or 365(c).<ref>Manual of Patent Examining Procedure available at {{cite web |url= http://www.uspto.gov/web/offices/pac/mpep/s2701.html |title=MPEP |accessdate=26 April 2015 |url-status=live |archiveurl= https://web.archive.org/web/20150418103411/http://www.uspto.gov/web/offices/pac/mpep/s2701.html |archivedate= 18 April 2015 }}</ref> However, the ''text'' and any ''illustration'' within a patent, provided the illustrations are essentially line drawings and do not in any substantive way reflect the "personality" of the person drawing them, are not subject to copyright protection.<ref>{{cite web |url= http://www.uspto.gov/main/ccpubguide.htm |title= Terms of Use for USPTO Websites |first= Office of the Chief Communications |last=Officer |accessdate=30 December 2016 |url-status=live |archiveurl= https://web.archive.org/web/20090925103511/http://www.uspto.gov/main/ccpubguide.htm |archivedate= 25 September 2009 }}</ref> This is separate from the ''patent'' rights just mentioned.
+
In most countries, the term of rights for [[patent]]s is 20 years, after which the invention becomes part of the public domain. In the United States, the contents of patents are considered valid and enforceable for 20 years from the date of filing within the United States or 20 years from the earliest date of filing if under 35 USC 120, 121, or 365(c).<ref>[https://www.uspto.gov/web/offices/pac/mpep/s2701.html 2701 Patent Term [R-10.2019]] ''United States Patent and Trademark Office (USPTO)''. Retrieved January 2, 2023.</ref> In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in force. Thus, a patent may lapse before its term if a renewal fee is not paid in due time.
  
 
===Trademarks===
 
===Trademarks===
 
A [[trademark]] registration may remain in force indefinitely, or expire without specific regard to its age. For a trademark registration to remain valid, the owner must continue to use it. In some circumstances, such as disuse, failure to assert trademark rights, or common usage by the public without regard for its intended use, it could become [[genericized trademark|generic]], and therefore part of the public domain.
 
A [[trademark]] registration may remain in force indefinitely, or expire without specific regard to its age. For a trademark registration to remain valid, the owner must continue to use it. In some circumstances, such as disuse, failure to assert trademark rights, or common usage by the public without regard for its intended use, it could become [[genericized trademark|generic]], and therefore part of the public domain.
  
−
Because trademarks are registered with governments, some countries or trademark registries may recognize a mark, while others may have determined that it is generic and not allowable as a trademark in that registry. For example, the drug acetylsalicylic acid (2-acetoxybenzoic acid) is better known as ''[[aspirin]]'' in the United States—a generic term. In Canada, however, ''Aspirin'', with an uppercase A, is still a trademark of the German company [[Bayer]], while aspirin, with a lowercase "a", is not. Bayer lost the trademark in the United States, the UK and France after World War I, as part of the [[Treaty of Versailles]]. So many copycat products entered the marketplace during the war that it was deemed generic just three years later.<ref>[http://www.worldofmolecules.com/drugs/aspirin.htm Aspirin] {{webarchive|url=https://web.archive.org/web/20050824141625/http://www.worldofmolecules.com/drugs/aspirin.htm |date=24 August 2005 }}, World of Molecules</ref>
+
Because trademarks are registered with governments, some countries or trademark registries may recognize a mark, while others may have determined that it is generic and not allowable as a trademark in that registry. For example, the drug acetylsalicylic acid (2-acetoxybenzoic acid) is better known as ''[[aspirin]]'' in the United States—a generic term. In Canada, however, ''Aspirin'', with an uppercase A, is still a trademark of the German company [[Bayer]], while aspirin, with a lowercase "a", is not. Bayer lost the trademark in the United States, the UK, and France after [[World War I]], as part of the [[Treaty of Versailles]]. So many copycat products entered the marketplace during the war that it was deemed generic just three years later.<ref>[https://www.worldofmolecules.com/drugs/aspirin.htm Aspirin Molecule] ''World of Molecules''. Retrieved January 2, 2023.</ref>
−
 
 
−
Bayer also lost the trademark in the same jurisdictions for ''Heroin'' which it trademarked a year before it trademarked Aspirin.{{citation needed|date=August 2014}}
 
−
 
 
−
Although [[Hormel]] resigned itself to genericide,<ref>{{cite web |url= http://www.spam.com/about/internet.aspx |archive-url= http://arquivo.pt/wayback/20091013192409/http://www.spam.com/about/internet.aspx |url-status= dead |archive-date=13 October 2009 |title=SPAM® Brand and the Internet |publisher= Hormel Foods}}</ref> it has fought attempts by other companies to register ''[[spam (food)|spam]]'' as a [[trademark]] [[spamming|in relation to computer products]].<ref>{{cite news |url= https://www.theregister.co.uk/2005/01/31/spam_ruling/ |title=Hormel Spam trademark case canned |author=Kieren McCarthy |date=31 January 2005 |accessdate=2 September 2008 |url-status=live |archiveurl= https://web.archive.org/web/20080707001848/https://www.theregister.co.uk/2005/01/31/spam_ruling/ |archivedate=7 July 2008 }}</ref>
 
  
 
== Public Domain Day ==
 
== Public Domain Day ==
 
Public Domain Day is an observance of when [[copyright]]s expire and works enter into the public domain. This legal transition of copyright works into the public domain usually happens every year on January 1, based on the individual copyright laws of each country.
 
Public Domain Day is an observance of when [[copyright]]s expire and works enter into the public domain. This legal transition of copyright works into the public domain usually happens every year on January 1, based on the individual copyright laws of each country.
  
−
The observance of a "Public Domain Day" was initially informal; the earliest known mention was in 2004 by Wallace McLean (a Canadian public domain activist).<ref>Wallace J. McLean, [https://www3.wcl.american.edu/cni/0401/35315.html Happy Public Domain Day!] January 1, 2004. Retrieved October 19, 2020.</ref> Several websites list the authors whose works are entering the public domain each January 1. There are activities in countries around the world by various organizations all under the banner Public Domain Day.<ref>Jennifer Jenkins, [https://web.law.duke.edu/cspd/publicdomainday/2020/ Public Domain Day 2020] ''Center for the Study of the Public Domain''. Retrieved October 19, 2020.</ref>
+
The observance of a "Public Domain Day" was initially informal; the earliest known mention was in 2004 by Wallace McLean (a Canadian public domain activist).<ref>Wallace J. McLean, [https://www3.wcl.american.edu/cni/0401/35315.html Happy Public Domain Day!] January 1, 2004. Retrieved January 2, 2023.</ref> Several websites list the authors whose works are entering the public domain each January 1. There are activities in countries around the world by various organizations all under the banner Public Domain Day.<ref>Jennifer Jenkins, [https://web.law.duke.edu/cspd/publicdomainday/2023/ Public Domain Day 2023] ''Center for the Study of the Public Domain''. Retrieved January 2, 2023.</ref>
  
 
==Notes==
 
==Notes==
Line 138: Line 127:
  
 
==References==
 
==References==
−
* Boyle, James. ''The Public Domain: Enclosing the Commons of the Mind''. Yale University Press, 2008. ISBN 978-0300137408
+
* Boyle, James. ''The Public Domain: Enclosing the Commons of the Mind''. Yale University Press, 2008. ISBN 0300137400
 +
* Deazley, Ronan. ''Rethinking Copyright: History, Theory, Language''. Edward Elgar Pub., 2006. ISBN 978-1845422820
 +
* Fishman, Stephen. ''The Copyright Handbook: What Every Writer Needs to Know''. NOLO, 2017. ISBN 978-1413324266
 +
* Fishman, Stephen. ''The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More''. NOLO, 2020. ISBN 978-1413327564
 
* Graber, Christoph Beat, and Mira Burri-Nenova (eds.). ''Intellectual Property and Traditional Cultural Expressions in a Digital Environment''. Edward Elgar Pub., 2008. ISBN 978-1847209214
 
* Graber, Christoph Beat, and Mira Burri-Nenova (eds.). ''Intellectual Property and Traditional Cultural Expressions in a Digital Environment''. Edward Elgar Pub., 2008. ISBN 978-1847209214
 +
* Guibault, Lucie M.C.R. ''The Future of Public Domain: Identifying the Commons in Information Law''. Kluwer Law International, 2006. ISBN 978-9041124357
 +
* Homan, Sidney. ''Directing Shakespeare''. Ohio University Press, 2004. ISBN 978-0821415504
 +
* Leaffer, Marshall A. ''Understanding Copyright Law''. Lexis Nexis Matthew Bender, 1995. ISBN 978-0256164480
 
* Lemley, Mark A., Peter S. Menell, Robert P. Merges, Pamela Samuelson, and Brian W. Carver. ''Software and Internet Law''. Aspen Publishers, 2011. ISBN 978-0735589155
 
* Lemley, Mark A., Peter S. Menell, Robert P. Merges, Pamela Samuelson, and Brian W. Carver. ''Software and Internet Law''. Aspen Publishers, 2011. ISBN 978-0735589155
−
* Ronan, Deazley. ''Rethinking Copyright: History, Theory, Language''. Edward Elgar Pub., 2006. ISBN 978-1845422820
+
* Lundin, Anne. ''Constructing the Canon of Children's Literature: Beyond Library Walls and Ivory Towers''. Routledge, 2004. ISBN 978-0815338413
 +
* Metzger, Bruce M., and Michael David Coogan (eds.). ''The Oxford Companion to the Bible''. Oxford University Press, 1993. ISBN 978-0195046458
 +
* Steccanella, Angelo. ''Janespotting and Beyond''. Gunter Narr Verlag, 2004. ISBN 978-3823360964
 +
* Torremans, Paul. ''Copyright Law: A Handbook of Contemporary Research''. Edward Elgar Publishing, 2008. ISBN 978-1845424879
 +
* World Intellectual Property Organization. ''Introduction to Intellectual Property: Theory and Practice''. Wolters Kluwer, 2017. ISBN 9041160930
  
 
== External links ==
 
== External links ==
−
All links retrieved  
+
All links retrieved December 2, 2022.
 
* [https://archive.org/ Internet Archive]
 
* [https://archive.org/ Internet Archive]
 
* [http://retrofilmvault.com/ RetroFilm Vault Public Domain Movies Archive]
 
* [http://retrofilmvault.com/ RetroFilm Vault Public Domain Movies Archive]
−
* [https://publicdomainreview.org/ Public Domain Review]
+
* [https://publicdomainreview.org/ The Public Domain Review]
 
* [https://web.law.duke.edu/cspd/ Center for the Study of the Public Domain], Duke University
 
* [https://web.law.duke.edu/cspd/ Center for the Study of the Public Domain], Duke University
  

Latest revision as of 17:00, 2 January 2023

Scales of justice
Intellectual property law
 
Rights
Authors' rights · Intellectual property · Copyright
Database right · Indigenous intellectual property
Industrial design rights · Geographical indication
Patent · Related rights · Trademark
Trade secret · Utility model
Related topics
Fair use · Public domain
Trade name

The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

For example, the works of William Shakespeare and Edgar Allan Poe are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works, such as those created by the government, are not covered by copyright, and are therefore automatically in the public domain; others may be actively dedicated by their authors to the public domain. As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another.

The value of the public domain is that it promotes cultural, social, and economic development through making available data, facts, ideas, theories, and scientific principles, as well as providing public access to cultural heritage.

Definition

The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired,[1] been forfeited,[2] expressly waived, or may be inapplicable.[3]

Newton's own copy of his Principia, with hand-written corrections for the second edition

Definitions of the boundaries of the public domain in relation to copyright, or intellectual property more generally, regard the public domain as a negative space; that is, it consists of works that are no longer in copyright term or were never protected by copyright law.[4] According to James Boyle this definition underlines common usage of the term public domain and equates the public domain to public property. However, the usage of the term public domain can be more granular, including for example uses of works in copyright permitted by copyright exceptions. Such a definition regards work in copyright as private property subject to fair-use rights and limitation on ownership.[1]

A conceptual definition which focuses on what the public domain should be is as follows: "it should be a place of sanctuary for individual creative expression, a sanctuary conferring affirmative protection against the forces of private appropriation that threatened such expression."[4] On the other hand, the public domain can be understood not as a "territory," but rather as a concept:

[T]here are certain materials – the air we breathe, sunlight, rain, space, life, creations, thoughts, feelings, ideas, words, numbers – not subject to private ownership. The materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival.[4]

As examples, the works of William Shakespeare, Ludwig van Beethoven, and Edgar Allan Poe, are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired.[1] Some works are not covered by copyright, and are therefore in the public domain—among them the formulae of Newtonian physics, cooking recipes, titles, [5] and all computer software created prior to 1974.[6] Other works are actively dedicated by their authors to the public domain; some examples include reference implementations of cryptographic algorithms, the image-processing software ImageJ (created by the National Institutes of Health),[7] and the CIA's The World Factbook.[8] The term public domain is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission."

As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a country-by-country basis, and the absence of registration in a particular country, if required, gives rise to public-domain status for a work in that country.

History

Although the term domain did not come into use until the mid-eighteenth century, the concept can be traced back to the ancient Roman Law, "as a preset system included in the property right system."[9] The Romans had a large proprietary rights system where they defined "many things that cannot be privately owned" as res nullius, res communes, res publicae and res universitatis.[9] The term res nullius was defined as things not yet appropriated.[10] The term res communes was defined as "things that could be commonly enjoyed by mankind, such as air, sunlight and ocean"; res publicae referred to things that were shared by all citizens; and res universitatis meant things that were owned by the municipalities of Rome.[9]

When the first early copyright law was originally established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by British and French jurists in the eighteenth century. Instead of "public domain," they used terms such as publici juris or propriété publique to describe works that were not covered by copyright law.[11]

The phrase "fall in the public domain" can be traced to mid-nineteenth century France to describe the end of copyright term. The French poet Alfred de Vigny equated the expiration of copyright with a work falling "into the sink hole of public domain"[11] and if the public domain receives any attention from intellectual property lawyers it is still treated as little more than that which is left when intellectual property rights, such as copyright, patents, and trademarks, expire or are abandoned.[4] In this historical context Paul Torremans describes copyright as a, "little coral reef of private right jutting up from the ocean of the public domain."[11] Copyright law differs by country, and the American legal scholar Pamela Samuelson has described the public domain as being "different sizes at different times in different countries."[4]

Value

The presence of a robust public domain is essential for cultural, social, and economic development.[12]

The value of the public domain includes:

  1. Building blocks for the creation of new knowledge, examples include data, facts, ideas, theories, and scientific principle.
  2. Access to cultural heritage through information resources such as ancient Greek texts and Mozart's symphonies.
  3. Promoting education, through the spread of information, ideas, and scientific principles.
  4. Enabling follow-on innovation, through for example expired patents and copyright.
  5. Enabling low cost access to information without the need to locate the owner or negotiate rights clearance and pay royalties, through for example expired copyrighted works or patents, and non-original data compilation.
  6. Promoting public health and safety, through information and scientific principles.
  7. Promoting the democratic process and values, through news, laws, regulation, and judicial opinion.
  8. Enabling competitive imitation, through for example expired patents and copyright, or publicly disclosed technologies that do not qualify for patent protection.[12]

Public domain by medium

Public domain books

A public-domain book is a book with no copyright, a book that was created without a license, or a book where its copyrights expired[1] or have been forfeited.[2]

In most countries the term of protection of copyright expires on the first day of January, 70 years after the death of the latest living author. The longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928.

A notable exception is the United States, where every book and tale published prior to 1925 is in the public domain; American copyrights last for 95 years for books originally published between 1925 and 1978 if the copyright was properly registered and maintained.[13]

For example, the works of Jane Austen, Lewis Carroll, Machado de Assis, Olavo Bilac, and Edgar Allan Poe are in the public domain worldwide as they all died over 100 years ago.

Project Gutenberg makes tens of thousands of public domain books available online as ebooks.

Public domain music

People have been creating music for millennia. Guido of Arezzo introduced the currently used musical notation system in the tenth century.[14] This laid the foundation for the preservation of global music in the public domain, a distinction formalized alongside copyright systems in the seventeenth century. Musicians copyrighted their publications of musical notation as literary writings, but performing copyrighted pieces and creating derivative works were not restricted by early copyright laws. Copying was widespread, in compliance with the law, but expansions of those laws intended to benefit literary works and responding to commercial music recording technology's reproducibility led to stricter rules.

US copyright laws distinguish between musical compositions and sound recordings, the former of which refers to melody, notation, and/or lyrics created by a composer and/or lyricist, including sheet music, while the latter refers to a recording performed by an artist, including a CD, LP, or digital sound file.[15] Musical compositions fall under the same general rules as other works, and anything published prior to 1925 is considered public domain. Sound recordings, on the other hand, are subject to different rules and are not eligible for public domain status until 2021–2067, depending on the date and location of publishing, unless explicitly released beforehand.[13]

Public domain films

A public-domain film is a film that was never under copyright, was released to public domain by its author, or has had its copyright expired.

In the United States, motion pictures are copyrighted for 95 years. All copyrightable works made by United States government employees as part of their official duties are in the public domain from their creation.

Relationship with derivative works

Derivative works include translations, musical arrangements, and dramatizations of a work, as well as other forms of transformation or adaptation. Copyrighted works may not be used for derivative works without permission from the copyright owner,[16] while public domain works can be freely used for derivative works without permission.[17][18] Artworks that are public domain may also be reproduced photographically or artistically or used as the basis of new, interpretive works.[19] Works derived from public domain works can be copyrighted.[20]

Once works enter into the public domain, derivative works such as adaptations in book and film may increase noticeably, as happened with Frances Hodgson Burnett's novel The Secret Garden, which became public domain in the US in 1977 and most of the rest of the world in 1995.[21] By 1999, the plays of Shakespeare, all public domain, had been used in more than 420 feature-length films.[22] In addition to straightforward adaptation, they have been used as the launching point for transformative retellings such as Tom Stoppard's Rosencrantz and Guildenstern Are Dead and Troma Entertainment's Romeo and Juliet.[23]

Perpetual copyright

Some works may never fully lapse into the public domain. For example, a perpetual crown copyright is held for the Authorized King James Version of the Bible in the UK.[24]

While the copyright has expired for the Peter Pan works by J. M. Barrie (the play Peter Pan, or the Boy Who Wouldn't Grow Up and the novel Peter and Wendy) in the United Kingdom, it was granted a special exception under the Copyright, Designs, and Patents Act 1988 (Schedule 6) that requires royalties to be paid for commercial performances, publications, and broadcasts of the story of Peter Pan within the UK, as long as Great Ormond Street Hospital (to whom Barrie gave the copyright) continues to exist.[25]

In a paying public domain regime, works that have entered the public domain after their copyright has expired, or traditional knowledge and traditional cultural expressions that have never been subject to copyright, are still subject to royalties payable to the state or to an authors' association. The user does not have to seek permission to copy, present or perform the work, but does have to pay the fee. The principle is that revenue from the work of long-dead artists should be used to support creativity of living artists. Paying public domain regimes have been introduced and withdrawn in several countries. They are still in place in several countries in South America and Africa.

Creative Commons' Public Domain Mark

Public domain mark

Creative Commons proposed in 2010 the Public Domain Mark (PDM) as symbol to indicate that a work is free of known copyright restrictions and therefore in the public domain.[26][27] The public domain mark is a combination of the copyright symbol, which acts as copyright notice, with the international no symbol.

Application to copyrightable works

Works not covered by copyright law

The underlying idea that is expressed in the creation of a work generally cannot be the subject of copyright law (see idea–expression divide). Mathematical formulae will therefore generally form part of the public domain, to the extent that their expression in the form of software is not covered by copyright.

Works created before the existence of copyright and patent laws also form part of the public domain. For example, the Bible and the inventions of Archimedes are in the public domain. However, translations or new formulations of these works may be copyrighted.

Expiration of copyright

Determination of whether a copyright has expired depends on an examination of the copyright in its source country.

In the United States, determining whether a work has entered the public domain or is still under copyright can be quite complex, primarily because copyright terms have been extended multiple times and in different ways—shifting over the course of the twentieth century from a fixed-term based on first publication, with a possible renewal term, to a term extending to 50, then 70, years after the death of the author. The claim that "pre-1925 works are in the public domain" is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years.

In most other countries that are signatories to the Berne Convention, copyright term is based on the life of the author, and extends to 50 or 70 years beyond the death of the author.

Legal traditions differ on whether a work in the public domain can have its copyright restored. In the European Union, the Copyright Duration Directive was applied retroactively, restoring and extending the terms of copyright on material previously in the public domain. Term extensions by the US and Australia generally have not removed works from the public domain, but rather delayed the addition of works to it. However, the United States moved away from that tradition with the Uruguay Round Agreements Act, which removed from the public domain many foreign-sourced works that had previously not been in copyright in the US for failure to comply with US-based formalities requirements. Consequently, in the US, foreign-sourced works and US-sourced works are now treated differently, with foreign-sourced works remaining under copyright regardless of compliance with formalities, while domestically-sourced works may be in the public domain if they failed to comply with then-existing formalities requirements.

Government works

Works of the United States Government and various other governments are excluded from copyright law and may therefore be considered to be in the public domain in their respective countries.[28] They may also be in the public domain in other countries as well.

Dedicating works to the public domain

Release without copyright notice

Before 1988 in the US, works could be easily given into the public domain by just releasing it without an explicit Copyright notice. With the Berne Convention Implementation Act of 1988 (and the earlier Copyright Act of 1976, which went into effect in 1978), all works were by default copyright protected and needed to be actively given into public domain by a waiver statement/anti-copyright can call notice.[29] Not all legal systems have processes for reliably donating works to the public domain. This may even "effectively prohibit any attempt by copyright owners to surrender rights automatically conferred by law, particularly moral rights."[30]

Public-domain-like licenses

An alternative is for copyright holders to issue a license which irrevocably grants as many rights as possible to the general public. Real public domain makes licenses unnecessary, as no owner/author is required to grant permission. There are multiple licenses which aim to release works into the public domain.[31]

Other types of intellectual property

Patents

Main article: Patent

In most countries, the term of rights for patents is 20 years, after which the invention becomes part of the public domain. In the United States, the contents of patents are considered valid and enforceable for 20 years from the date of filing within the United States or 20 years from the earliest date of filing if under 35 USC 120, 121, or 365(c).[32] In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in force. Thus, a patent may lapse before its term if a renewal fee is not paid in due time.

Trademarks

A trademark registration may remain in force indefinitely, or expire without specific regard to its age. For a trademark registration to remain valid, the owner must continue to use it. In some circumstances, such as disuse, failure to assert trademark rights, or common usage by the public without regard for its intended use, it could become generic, and therefore part of the public domain.

Because trademarks are registered with governments, some countries or trademark registries may recognize a mark, while others may have determined that it is generic and not allowable as a trademark in that registry. For example, the drug acetylsalicylic acid (2-acetoxybenzoic acid) is better known as aspirin in the United States—a generic term. In Canada, however, Aspirin, with an uppercase A, is still a trademark of the German company Bayer, while aspirin, with a lowercase "a", is not. Bayer lost the trademark in the United States, the UK, and France after World War I, as part of the Treaty of Versailles. So many copycat products entered the marketplace during the war that it was deemed generic just three years later.[33]

Public Domain Day

Public Domain Day is an observance of when copyrights expire and works enter into the public domain. This legal transition of copyright works into the public domain usually happens every year on January 1, based on the individual copyright laws of each country.

The observance of a "Public Domain Day" was initially informal; the earliest known mention was in 2004 by Wallace McLean (a Canadian public domain activist).[34] Several websites list the authors whose works are entering the public domain each January 1. There are activities in countries around the world by various organizations all under the banner Public Domain Day.[35]

Notes

  1. ↑ 1.0 1.1 1.2 1.3 James Boyle, The Public Domain: Enclosing the Commons of the Mind (Yale University Press, 2008, ISBN 0300137400).
  2. ↑ 2.0 2.1 Christoph Beat Graber and Mira Burri-Nenova (eds.), Intellectual Property and Traditional Cultural Expressions in a Digital Environment (Edward Elgar Pub., 2008, ISBN 978-1847209214).
  3. ↑ Daniel A. Tysver, Works Unprotected by Copyright Law Retrieved January 1, 2023.
  4. ↑ 4.0 4.1 4.2 4.3 4.4 Ronan Deazley, Rethinking Copyright: History, Theory, Language (Edward Elgar Pub., 2006, ISBN 978-1845422820).
  5. ↑ Works Not Protected by Copyright, Circular 33 U.S. Copyright Office, September 2017. Retrieved January 2, 2023..
  6. ↑ Mark A. Lemley, Peter S. Menell, Robert P. Merges, Pamela Samuelson, and Brian W. Carver, Software and Internet Law (Aspen Publishers, 2011, ISBN 978-0735589155).
  7. ↑ ImageJ Disclaiemer Retrieved January 2, 2023.
  8. ↑ Copyright and Contributors The World Factbook. Retrieved January 2, 2023.
  9. ↑ 9.0 9.1 9.2 Hui Huang, On public domain in copyright law Frontiers of Law in China 4(2) (2009):178–195. Retrieved January 2, 2023.
  10. ↑ Carol M. Rose, Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age Law and Contemporary Problems 66 (Winter 2003): 89-110. Retrieved January 2, 2023.
  11. ↑ 11.0 11.1 11.2 Paul Torremans, Copyright Law: A Handbook of Contemporary Research (Edward Elgar Publishing, 2008, ISBN 978-1845424879).
  12. ↑ 12.0 12.1 Lucie M.C.R. Guibault, The Future of Public Domain: Identifying the Commons in Information Law (Kluwer Law International, 2006, ISBN 978-9041124357).
  13. ↑ 13.0 13.1 Copyright Term and the Public Domain in the United States Copyright Information Center, Cornell University Library. Retrieved January 2, 2023.
  14. ↑ Guido of Arezzo Catholic Encylopedia. Retrieved January 2, 2023.
  15. ↑ Copyright Registration of Musical Compositions and Sound Recordings United States Copyright Office, July, 2020. Retrieved January 2, 2023.
  16. ↑ Marshall A. Leaffer, Understanding Copyright Law (Lexis Nexis Matthew Bender, 1995, ISBN 978-0256164480).
  17. ↑ World Intellectual Property Organization, Introduction to Intellectual Property: Theory and Practice (Wolters Kluwer, 2017, ISBN 9041160930).
  18. ↑ Stephen Fishman, The Copyright Handbook: What Every Writer Needs to Know (NOLO, 2017, ISBN 978-1413324266).
  19. ↑ Stephen Fishman, The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More (NOLO, 2020, ISBN 978-1413327564).
  20. ↑ Rich Stim, Public Domain Works That Are Modified Public Domain Trouble Spots. Retrieved January 2, 2023.
  21. ↑ Anne Lundin, Constructing the Canon of Children's Literature: Beyond Library Walls and Ivory Towers (Routledge, 2004, ISBN 978-0815338413).
  22. ↑ Angelo Steccanella, Janespotting and Beyond (Gunter Narr Verlag, 2004, ISBN 978-3823360964).
  23. ↑ Sidney Homan, Directing Shakespeare (Ohio University Press, 2004, ISBN 978-0821415504).
  24. ↑ Bruce M. Metzger and Michael David Coogan (eds.), The Oxford Companion to the Bible (Oxford University Press, 1993, ISBN 978-0195046458).
  25. ↑ Copyright, Designs and Patents Act 1988 (c. 48) Office of Public Sector Information, 1988. Retrieved January 2, 2023.
  26. ↑ Creative Commons announces the Public Domain Mark The H Open, October 12, 2010. Retrieved January 2, 2023.
  27. ↑ Diane Peters, Improving Access to the Public Domain: the Public Domain Mark Creative Commons, October 11, 2010. Retrieved January 2, 2023.
  28. ↑ Copyright Basics United States Copyright Office. Retrieved January 2, 2023.
  29. ↑ Copyright Notice United States Copyright Office. Retrieved January 2, 2023.
  30. ↑ No Rights Reserved Creative Commons. Retrieved January 2, 2023.
  31. ↑ Open Definition: Conformant Licenses Open Knowledge Foundation. Retrieved January 2, 2023.
  32. ↑ 2701 Patent Term [R-10.2019] United States Patent and Trademark Office (USPTO). Retrieved January 2, 2023.
  33. ↑ Aspirin Molecule World of Molecules. Retrieved January 2, 2023.
  34. ↑ Wallace J. McLean, Happy Public Domain Day! January 1, 2004. Retrieved January 2, 2023.
  35. ↑ Jennifer Jenkins, Public Domain Day 2023 Center for the Study of the Public Domain. Retrieved January 2, 2023.

References
ISBN links support NWE through referral fees

  • Boyle, James. The Public Domain: Enclosing the Commons of the Mind. Yale University Press, 2008. ISBN 0300137400
  • Deazley, Ronan. Rethinking Copyright: History, Theory, Language. Edward Elgar Pub., 2006. ISBN 978-1845422820
  • Fishman, Stephen. The Copyright Handbook: What Every Writer Needs to Know. NOLO, 2017. ISBN 978-1413324266
  • Fishman, Stephen. The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More. NOLO, 2020. ISBN 978-1413327564
  • Graber, Christoph Beat, and Mira Burri-Nenova (eds.). Intellectual Property and Traditional Cultural Expressions in a Digital Environment. Edward Elgar Pub., 2008. ISBN 978-1847209214
  • Guibault, Lucie M.C.R. The Future of Public Domain: Identifying the Commons in Information Law. Kluwer Law International, 2006. ISBN 978-9041124357
  • Homan, Sidney. Directing Shakespeare. Ohio University Press, 2004. ISBN 978-0821415504
  • Leaffer, Marshall A. Understanding Copyright Law. Lexis Nexis Matthew Bender, 1995. ISBN 978-0256164480
  • Lemley, Mark A., Peter S. Menell, Robert P. Merges, Pamela Samuelson, and Brian W. Carver. Software and Internet Law. Aspen Publishers, 2011. ISBN 978-0735589155
  • Lundin, Anne. Constructing the Canon of Children's Literature: Beyond Library Walls and Ivory Towers. Routledge, 2004. ISBN 978-0815338413
  • Metzger, Bruce M., and Michael David Coogan (eds.). The Oxford Companion to the Bible. Oxford University Press, 1993. ISBN 978-0195046458
  • Steccanella, Angelo. Janespotting and Beyond. Gunter Narr Verlag, 2004. ISBN 978-3823360964
  • Torremans, Paul. Copyright Law: A Handbook of Contemporary Research. Edward Elgar Publishing, 2008. ISBN 978-1845424879
  • World Intellectual Property Organization. Introduction to Intellectual Property: Theory and Practice. Wolters Kluwer, 2017. ISBN 9041160930

External links

All links retrieved December 2, 2022.

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