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| − | The '''public domain''' comprises the body of all creative works and other [[knowledge]]—[[writing]], artwork, music, science, inventions, and others—in which no person or organization has any [[proprietary]] interest. (Proprietary interest is typically represented by a [[copyright]] or [[patent]].) Such works and inventions are considered part of the [[public]]'s cultural heritage, and anyone can use and build upon them without restriction (not taking into account laws concerning safety, export, etc.).
| + | Public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes. |
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| − | While copyright was designed to promote the development of arts and sciences by giving a (financial) incentive to the creator, works in the public domain just exist as such. The public have the right to use and reuse works in the public domain without financial or social burden. When copyright or other restrictions reach the end of their life, works are said to revert to the public domain.
| + | ==Links== |
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| − | ==Absence of legal protection==
| + | [http://en.wikipedia.org/wiki/Public_domain Wikipedia - Public Domain] |
| − | Creative works are in the public domain wherever no law exists to establish proprietary rights, or where the subject matter is specifically excluded from existing laws. Likewise, works that were created long before such laws were passed are part of the public domain, such as the works of [[William Shakespeare]] and [[Ludwig van Beethoven]] and the inventions of [[Archimedes]] (however, ''translations'' of the works of Archimedes, Shakespeare, etc., may be subject to copyright). Also, [[work of the United States Government|works of the United States Government]] are excluded from copyright law.
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| − | Non-creative works cannot be copyrighted and are often in the public domain. For example, most mathematical formulas are not subject to copyrights or patents in most of the world (although their application in the form of computer programs can be patented). Facts are in the public domain (although recent legislation has increased copyright-like restrictions on databases that critics claim are only facts). Collections of data with intuitive organization, such as alphabetized directories like telephone directories, are in the public domain. Creative organizations such as categorized lists may be copyrighted.
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| − | ==Expiration==
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| − | Most copyrights and patents have a finite term; when this expires, the work or invention is released into public domain.
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| − | In most of the world, patents expire 20 years after they are filed.
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| − | [[Trademark]]s expire soon after the mark becomes a generic term.
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| − | Copyrights are more complex; generally, they expire in all countries (except [[Colombia]], [[Guatemala]], [[Mexico]], and [[Samoa]]) when all of the following conditions are satisfied:
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| − | *The work was created and first published before [[January 1]], [[1923]], or at least 95 years before January 1 of the current year, whichever is later.
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| − | *The last surviving author died at least 70 years before January 1 of the current year.
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| − | *No [[Berne Convention for the Protection of Literary and Artistic Works|Berne Convention]] signatory has passed a perpetual copyright on the work.
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| − | *Neither the United States nor the European Union has passed a [[Sonny Bono Copyright Term Extension Act|copyright term extension]] since these conditions were last updated. (This must be a condition because the exact numbers in the other conditions depend on the state of the law <em>at any given moment</em>.)
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| − | These conditions are based on the intersection of United States and European Union copyright law, which most other [[Berne Convention for the Protection of Literary and Artistic Works|Berne Convention]] signatories recognize.
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| − | Note that copyright term extension under U.S. tradition does not ''restore'' copyright to public domain works (hence the 1923 date), but European tradition does because [[Directive on harmonising the term of copyright protection|the EU harmonization]] was based on the copyright term in [[Germany]], which had already been extended to life plus 70.
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| − | Note further that works created by a United States government agency are public domain at the moment of creation.
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| − | [[United Kingdom|British]] government works are restricted by either [[Crown Copyright]] or [[Parliamentary Copyright]]. Published Crown Copyright works become public domain at the end of the year 50 years after they were published, unless the author of the work held copyright and assigned it to the Crown. In that case, the copyright term is the usual life of author plus 70 years. Unpublished Crown Copyright documents become public domain at the end of the year 125 years after they were first created. However, under the legislation that created this rule, and abolished the traditional [[common law]] perpetual copyright of unpublished works, no unpublished works will become public domain until 50 years after the legislation came into effect. Since the legislation became law on [[1 August]] [[1989]], no unpublished works will become public domain under this provision until [[2039]]. Parliamentary Copyright documents become public domain at the end of the year 50 years after they were published. Crown Copyright is waived on some government works provided that certain conditions are met.
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| − | These numbers reflect the most recent extensions of copyright in the United States and Europe. Canada and Australia have not, as of [[2004]], passed similar twenty-year extensions. Consequently, their copyright expiry times are still life of the author plus 50 years. As a result, characters such as [[Mickey Mouse]], and works ranging from ''[[Peter Pan]]'' to the stories of [[H. P. Lovecraft]] are public domain in both places. (The copyright status of Lovecraft's work is debatable, as no copyright renewals, which were necessary under the laws of that time, have been found. Also, two competing parties have independently claimed copyright ownership on his work).
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| − | As with most other [[Commonwealth of Nations]] countries, [[Canada]] and [[Australia]] follow the general lead of the United Kingdom on copyright of government works. Both have a version of Crown Copyright which lasts for 50 years from publication. [[New Zealand]] also has Crown Copyright, but has a much greater time length of protection at 100 years from the date of publication. [[Republic of Ireland|Ireland]] also has a fifty year term on government works, although since it is no longer a monarchy, such a copyright is, of course, not called Crown Copyright. [[India]] has a government copyright of sixty years from publication, to coincide with its somewhat unusual life of the author plus sixty years term of copyright.
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| − | Examples of inventions whose patents have expired include the inventions of [[Thomas Edison]].
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| − | Examples of works whose copyrights have expired include the works of [[Carlo Collodi]] and most of the works of [[Mark Twain]].
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| − | Examples of works under a statutory perpetual copyright include many of the ''Peter Pan'' works by [[J. M. Barrie]]; this was granted by the British government and applies only within the United Kingdom.
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| − | Other works, such as the works of The [[Walt Disney]] Company are not under a ''[[de jure]]'' statutory perpetual copyright because the [[United States Constitution]] requires copyrights to last "for limited Times" ([[United States Constitution/Article One|Article I]], section 8, clause 8). However, the limits have been retroactively extended several times, leading to longer and longer copyright terms. Critics have observed that the extensions have taken place right before noteworthy works from Disney and others were about to expire, concluding that such copyright term extensions add up to ''[[de facto]]'' perpetual copyright. Disney and other large publishers routinely provide millions of U.S. dollars in campaign money to legislators, allegedly in exchange for these continued extensions.
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| − | ==Disclaimer of interest==
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| − | In the past, in some jurisdictions such as the [[United States|USA]], a work would enter the public domain with respect to copyright if it was released without a copyright notice. This is no longer the case. Any work receives copyright by default and copyright law generally doesn't provide any special means to "abandon" copyright so that a work can enter the public domain (in the USA, the Computer Software Rental Amendments Act of 1990 provides a registration mechanism for public domain computer programs at the [[Library of Congress]], but it is still not explained how the work should be placed in the public domain in the first place).
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| − | A copyright holder can explicitly disclaim any proprietary interest in the work, effectively granting it to the public domain, by providing a licence to this effect. A suitable licence will grant permission for all of the acts which are restricted by copyright law.
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| − | With regards to patents on the other hand, publishing the details of an invention before applying for a patent will generally place an invention in the public domain and prevent its subsequent patenting by others. For example, once a journal publishes a mathematical formula, it may no longer be used as the core of a claim in a [[software patent]]. There is an exception to this, however: in U.S. (not European) law, an inventor may file a patent claim up to one year after publishing it (but not, of course, if someone else published it first).
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| − | ==Ineligibility==
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| − | Laws may make some types of works and inventions ineligible for monopoly; such works immediately enter the public domain upon publication. For example, [[U.S. copyright law]], [http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000105----000-.html 17 U.S.C. § 105], releases all works created by the U.S. government into the public domain, patent applications as part of the terms of granting the patent to the invention are public domain, patent law excludes inventions that obviously follow from [[prior art]], and agreements that Germany signed at the end of [[World War I]] released such trademarks as "[[aspirin]]" and "[[heroin]]" into the public domain in many areas.
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| − | ==Licensing==
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| − | Note that there are many works that are not part of the public domain, but for which the owner of some proprietary rights has chosen not to enforce those rights, or to grant some subset of those rights to the public.
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| − | See, for example, the [[Free Software Foundation]] which creates copyrighted software and licenses it without charge to the public for most uses under a class of license called "[[copyleft]]", forbidding only proprietary redistribution. [[Wikichristian]] does much the same thing with its content under the [[GNU Free Documentation License]].
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| − | Sometimes such work is mistakenly referred to as "public domain" in colloquial speech.
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| − | Note also that while some works (especially musical works) may be in the public domain, U.S. law considers transcriptions or performances of those works to be derivative works, potentially subject to their own copyrights.
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| − | == The role in society ==
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| − | [[Creative Commons]], an organization that promotes use of the public domain and [[copyleft]] licensing schemes, writes:
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| − | <blockquote>
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| − | ''"Public access to literature, art, music, and film is essential to preserving and building on our cultural heritage. Many of the most important works of [[American culture]] have drawn upon the creative potential of the public domain. [[Frank Capra]]'s ''[[It's a Wonderful Life]]'' is a classic example of a film that did not enjoy popular success until it entered the public domain. Other icons such as [[Snow White]], [[Pinocchio]], [[Santa Claus]] and [[Uncle Sam]] grew out of public domain figures."'' ([http://www.creativecommons.org/])</blockquote>
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| − | ==Public domain and the Internet==
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| − | The term "public domain" is often poorly understood and has created significant legal controversy. Historically, most parties attempting to address public domain issues fell into two camps:
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| − | # Businesses and organizations who could devote staff to resolving legal conflicts through negotiation and the court system.
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| − | # Individuals and organizations using materials covered by the [[fair use]] doctrine, reducing the need for substantial governmental or corporate resources to track down individual offenders.
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| − | With the advent of the Internet, however, it became possible for anybody with access to this worldwide network to "post" copyrighted or otherwise-licensed materials freely and easily. This aggravated an already established but false belief that, if something is available through a free source, it must be public domain. Once such material was available on the net, it could be perfectly copied among thousands or even millions of computers very quickly and essentially without cost.
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| − | These factors have reinforced the false notion that "freely obtained" means "public domain". One could argue that the Internet is a publicly-available domain, not licensed or controlled by any individual, company, or government; therefore, everything on the Internet is public domain. This specious argument ignores the fact that licensing rights are ''not'' dependent on the means of distribution or consumer acquisition. (If someone gives you stolen merchandise, it is still stolen, even if you weren't aware of it.) Chasing down copyright violations based on the erroneous idea that "information is free" (see Footnotes below) has become a primary focus of industries whose financial structure is based on their control of the distribution of such media. Though this is legally correct, public support for these companies' efforts is significantly undermined by the belief that they are receiving their "just desserts" for decades of price-gouging for licensed media. Ironically, this puts many creators of such work, like musicians and authors, on both sides of the issue, since they have frequently fought media distributors over inadequate compensation for their work, but depend on distributors' revenues for that compensation.
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| − | Another complication is that publishing exclusively on the Internet has become extremely popular. According to U.S. law, at least, an author's original works are covered by copyright, even without a formal notice incorporated into the work. But such laws were passed at a time when the focus was on materials that could not be as easily and cheaply reproduced as digital media, nor did they comprehend the ultimate impossibility of determining which set of electronic bits is original. Technically, any Internet posting (such as [[blogs]] or [[email]]s) could be considered copyrighted material unless explicitly stated otherwise. (Many Internet content providers attempt to assert copyrights by claiming all ownership and reproduction rights to any material posted to their servers, but the potential for conflicting claims has not been adequately tested.) Traditional methods of proving original work, such as physically mailing a sealed copy of one's work to oneself, thereby gaining a dated stamp from a governmental agency (i.e., the local Postal Service), are irrelevant for this new source of creative work.
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| − | == Footnotes ==
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| − | # In response to the frequently-championed concept that "information is free", technology columnist Nicholas Petreley once wrote, "Those who want information to be free as a matter of principle should create some information and make it free." This statement concisely illustrates the conflict between the cultural desire to make original material readily and cheaply (or freely) available and the right of original-work creators to receive compensation for their work.
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| − | ==See also==
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| − | *[[Copyright-free]]
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| − | *[[Eldred v. Ashcroft]]
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| − | *[[Fair dealing]]
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| − | *[[Sonny Bono Copyright Term Extension Act]]
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| − | *[[Street Performer Protocol]]
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| − | *[[Wikichristian:Public domain resources]]
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| − | *[[Wikichristian:Public domain image resources]]
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| − | ==External links==
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| − | *Chris Sprigman's article [http://writ.news.findlaw.com/commentary/20020305_sprigman.html ''The mouse that ate the public domain: Disney, The Copyright Term Extension Act, And Eldred v. Ashcroft'']
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| − | *[http://www.cric.or.jp/cric_e/index.html Copyright Research and Information center] - about the copyright law in Japan
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| − | *[http://www.law.duke.edu/pd/mpegcast.html MPEG video recordings of panel discussions from the Conference on the Public Domain (2001)] panelists include [[Eben Moglen]], [[Robin Gross]] and [[Lawrence Lessig]]
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| − | *[http://www.copyright.gov/circs/circ1.html#wnp Short list of uncopyrightable things in the U.S.]
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| − | *[http://onlinebooks.library.upenn.edu/okbooks.html#whatpd Summary list of copyright terms in other countries]
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| − | *[http://www.public-domain.org Union for the Public Domain]
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| − | *[http://www.unc.edu/~unclng/public-d.htm When U.S. works pass into the public domain].
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| − | *[http://www.creativecommons.org Creative Commons: some rights reserved]
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| − | <!-- interwiki -->
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| − | [[bg:Обществено достояние]]
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| − | [[cs:Voln%C3%A9 d%C3%ADlo]]
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| − | [[da:Public domain]]
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| − | [[de:Gemeinfreiheit]]
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| − | [[eo:Publika havaĵo]]
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| − | [[es:Dominio público]]
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| − | [[fr:Ressources libres d'accès]]
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| − | [[hr:Javno vlasništvo]]
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| − | [[ia:Dominio public]]
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| − | [[it:Pubblico dominio]]
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| − | [[hu:Közkincs]]
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| − | [[ja:パブリックドメイン]]
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| − | [[ko:퍼블릭 도메인]]
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| − | [[nl:Publiek domein]]
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| − | [[pl:Public domain]]
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| − | [[pt:Domínio público]]
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| − | [[ro:Domeniu public]]
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| − | [[ru:Общественное достояние]]
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| − | [[zh:公有领域]]
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| − | [[Category:Intellectual property]]
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| − | Adapted from wikipedia's article on Public domain.
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