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Encyclopedia > Public domain
Unofficial public domain icon used in Wikipedia
Unofficial public domain icon used in Wikipedia

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. About 15 percent of all books are in the public domain, including 10 percent of all books that are still in print.[1] Public domain, a term used to describe the vast Federally owned lands in the western United States. ... Public Domain cover Tryad (also t r y ^ d, t r y Δ d) is an Internet musical group that formed in January 2005 (not to be confused by an earlier band of the same name). ... Image File history File links PD-icon. ... Image File history File links PD-icon. ... This article needs additional references or sources for verification. ... Write redirects here. ... This article is about the philosophical concept of Art. ... For other uses, see Music (disambiguation). ... For the musical form, see Invention (music). ... Proprietary indicates that a party, or proprietor, exercises private ownership, control or use over an item of property, usually to the exclusion of other parties. ... Cultural heritage (national heritage or just heritage) is the legacy of physical artifacts and intangible attributes of a group or society that are inherited from past generations, maintained in the present and bestowed for the benefit of future generations. ...


If an item ("work") is not in the public domain, it may be the result of a proprietary interest such as a copyright, patent, or other sui generis right. The extent to which members of the public may use or exploit the work is limited to the extent of the proprietary interests in the relevant legal jurisdiction. However, when the copyright, patent or other proprietary restrictions expire, the work enters the public domain and may be used by anyone for any purpose. Not to be confused with copywriting. ... For other uses, see Patent (disambiguation). ... Sui generis is a (post) Latin expression, literally meaning a scholar like what pradeep is or unique in its characteristics. ... This article does not cite any references or sources. ... Not to be confused with copywriting. ... For other uses, see Patent (disambiguation). ...

Intellectual property law
Primary rights
Sui generis rights
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Contents

For the 2006 film, see Intellectual Property (film). ... Image File history File links This is a lossless scalable vector image. ... Not to be confused with copywriting. ... For other uses, see Patent (disambiguation). ... “(TM)” redirects here. ... Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... A utility model is an intellectual property right to protect inventions. ... A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ... A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ... Related rights is a term in copyright law, used in opposition to the term authors rights. The term neighbouring rights is exactly equivalent, and a more literal translation of the original French droits voisins. ... A trade name, also known as a trading name or a business name, is the legal name of a business, or the name which a business trades under for commercial purposes. ... The term domain name has multiple related meanings: A name that identifies a computer or computers on the internet. ... Sui generis is a (post) Latin expression, literally meaning a scholar like what pradeep is or unique in its characteristics. ... Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1996. ... A mask work is a two or three-dimensional layout of an integrated circuit (IC), i. ... Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ... In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. ... Traditional knowledge (TK), indigenous knowledge (IK), and local knowledge generally refer to the matured long-standing traditions and practices of certain regional, indigenous, or local communities. ...

No legal restriction on use

A creative work is said to be in the public domain if there are no laws which restrict its use by the public at large. For instance, a work may be in the public domain if no laws establish proprietary rights over the work, or if the work or its subject matter are specifically excluded from existing laws. Proprietary indicates that a party, or proprietor, exercises private ownership, control or use over an item of property, usually to the exclusion of other parties. ...


Because proprietary rights are founded in national laws, an item may be public domain in one jurisdiction but not another. For instance, some works of literature are public domain in the US but not in the EU and vice versa.


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; however, algorithms can be the subject of a software patent in some jurisdictions.[citation needed] IDEA may refer to: Electronic Directory of the European Institutions IDEA League Improvement and Development Agency Individuals with Disabilities Education Act Indian Distance Education Association Integrated Data Environments Australia Intelligent Database Environment for Advanced Applications IntelliJ IDEA - a Java IDE Interactive Database for Energy-efficient Architecture International IDEA (International Institute... In intellectual property law, the idea-expression divide is the principle which states that the function of the law is to protect the fixed expression or manifestation of an idea, rather than the fundamental concept or information which gives rise to the idea. ... Software patent does not have a universally accepted definition. ...


Works created before the existence of copyright and patent laws also form part of the public domain. The Bible and the inventions of Archimedes are in the public domain. However, copyright may exist in translations or new formulations of these works. This Gutenberg Bible is displayed by the United States Library. ... For other uses, see Archimedes (disambiguation). ... Look up translate in Wiktionary, the free dictionary. ...


Although "intellectual property" laws are not designed to prevent facts from entering the public domain, collections of facts organized or presented in a creative way, such as categorized lists, may be copyrighted. Collections of data with intuitive organization, such as alphabetized directories like telephone directories, are generally not copyrightable. In some countries copyright-like rights are granted for databases, even those containing mere facts. A sui generis database rights regime is in place in the European Union.[citation needed]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.[citation needed] They may also be in the public domain in other countries as well. The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... A work of the United States government, as defined by United States copyright law, is a work prepared by an officer or employee of the U.S. government as part of that persons official duties. ...


Expiration

All copyrights and patents have always had a finite term, though the terms for copyrights and patents differ. When terms expire, the work or invention is released into public domain, in most countries, this is 20 years. A trademark registration may be renewed and remain in force indefinitely provided the trademark is used, but could otherwise become generic. “(TM)” redirects here. ... A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ...


Copyrights are more complex than patents; generally, in current law, the copyright in a published work expires in all countries (except Colombia, Côte d'Ivoire, Guatemala, Honduras, Mexico, Samoa, and Saint Vincent and the Grenadines) when any of the following conditions are satisfied :[2] Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ...

  • 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;
  • The last surviving author died at least 70 years before January 1 of the current year;
  • No Berne Convention signatory has passed a perpetual copyright on the work; and
  • Neither the United States nor the European Union has passed a 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 at any given moment.)

These conditions are based on the intersection of United States and European Union copyright law, which most other Berne Convention signatories recognize. Note that copyright term extension under U.S. tradition usually does not restore copyright to public domain works (hence the 1923 date), but European tradition does because the EU harmonization was based on the copyright term in Germany, which had already been extended to life plus 70. is the 1st day of the year in the Gregorian calendar. ... Year 1923 (MCMXXIII) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar. ... is the 1st day of the year in the Gregorian calendar. ... For the treaty establishing the General Postal Union, see Treaty of Bern. ... Perpetual copyright refers to a copyright which does not expire. ... The Copyright Term Extension Act (CTEA) of 1998 – alternatively known as the Sonny Bono Copyright Term Extension Act or pejoratively as the Mickey Mouse Protection Act – extended copyright terms in the United States by 20 years. ... For the treaty establishing the General Postal Union, see Treaty of Bern. ... Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights[1] is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ...


United States law

In the United States, copyright law has changed several times since the founding of the country. It is held under Feist v. Rural that Congress does not have the power to re-copyright works that have fallen into the public domain. However, re-copyrighting has happened before. "After World War I and after World War II, there were special amendments to the Copyright Act to permit for a limited time and under certain conditions the recapture of works that might have fallen into the public domain, principally by aliens of countries with which we had been at war."[3] Image File history File links Broom_icon. ... Holding A telephone book did not satisfy the minimum originality required by the Constitution to be eligible for copyright protection, and effort and expenditure of resources are not protected by copyright. ...


Works created by an agency of the United States government are public domain at the moment of creation. Examples include military journalism, federal court opinions (but not necessarily state court opinions), congressional committee reports, and census data. However, works commissioned by the government but created by a contractor are still subject to copyright, and even in the case of public domain documents, availability of such documents may be limited by laws limiting the spread of classified information. A work of the United States government, as defined by United States copyright law, is a work prepared by an officer or employee of the U.S. government as part of that persons official duties. ... Journalism is a discipline of gathering, writing and reporting news, and broadly it includes the process of editing and presenting the news articles. ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... A Congressional committee in the parlance of the United States Congress and politics of the United States is a legislative sub-organization that handles a specific duty (rather than the general duties of Congress, i. ... The United States Census is a decennial census mandated by the United States Constitution. ... A typical classified document. ...


Before 1978, unpublished works were not covered by the federal copyright act. This does not mean that the works were in the public domain. Rather, it means that they were covered under (perpetual) common law copyright. The Copyright Act of 1976, effective 1978, abolished common law copyright in the United States; all works, published and unpublished, are now covered by federal statutory copyright. The claim that "pre-1923 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. For a work made for hire, the copyright in a work created before 1978, but not theretofore in the public domain or registered for copyright, subsists from January 1, 1978, and endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.[4] If the work was created before 1978 but first published on or before December 31, 2002, the work is covered by federal copyright until 2047. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Copyright Act of 1976 is a landmark statute in United States copyright legislation and remains the primary basis of copyright law in the United States. ...


Works published with notice of copyright or registered in unpublished form prior to January 1, 1964, had to be renewed during the 28th year of their first term of copyright to maintain copyright for a full 95-year term.[5]


Until the Berne Convention Implementation Act of 1988, the lack of a proper copyright notice would place an otherwise copyrightable work into the public domain, although for works published between January 1, 1978 and February 28, 1989, this could be prevented by registering the work with the Library of Congress within 5 years of publication. After March 1, 1989, an author's copyright in a work begins when it is fixed in a tangible form; neither publication nor registration is required, and a lack of a copyright notice does not place the work into the public domain. For the treaty establishing the General Postal Union, see Treaty of Bern. ... Construction of the Thomas Jefferson Building, from July 8, 1888 to May 15, 1894. ...


Sound recordings fixed before February 15, 1972, were generally covered by common law or in some cases by statutes enacted in certain states, but were not covered by federal copyright law. The 1976 Copyright Act, effective 1978, provides federal copyright for unpublished and published sound recordings fixed on or after February 15, 1972. Recordings fixed before February 15, 1972, are still covered, to varying degrees, by common law or state statutes.[6] Any rights or remedies under state law for sound recordings fixed before February 15, 1972, are not annulled or limited by the 1976 Copyright Act until February 15, 2067.[7]


Critics of copyright term extensions have said that Congress has achieved a perpetual copyright term "on the installment plan."[8]


British law

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. Crown copyright is a form of copyright claim used by the governments of a number of Commonwealth realms. ... Parliamentary copyright was first created in the United Kingdom by the Copyright, Designs and Patents Act 1988. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... is the 213th day of the year (214th in leap years) in the Gregorian calendar. ... Year 1989 (MCMLXXXIX) was a common year starting on Sunday (link displays 1989 Gregorian calendar). ... 2039 (MMXXXIX) will be a common year starting on Saturday of the Gregorian calendar. ...


Laws of Canada, Australia, and other Commonwealth nations

These numbers reflect the most recent extensions of copyright in the United States and Europe. Canada and New Zealand have not, as of 2006, passed similar twenty-year extensions. Consequently, their copyright expiry times are still life of the author plus 50 years. Australia passed a 20-year copyright extension in 2004, but delayed its effect until 2005, and did not make it revive already-expired copyrights. Hence, in Australia works by authors who died before 1955 are still in the public domain. 2006 is a common year starting on Sunday of the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...


As a result, works ranging from Peter Pan to the stories of H. P. Lovecraft are public domain in both countries. (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.) This article is about the play by J.M. Barrie. ... This article is about the author. ...


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, at 100 years from the date of publication. 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. The Commonwealth of Nations as of 2006 Headquarters Marlborough House, London, UK Official languages English Membership 53 sovereign states Leaders  -  Queen Elizabeth II  -  Secretary-General Don McKinnon (since 1 April 2000) Establishment  -  Balfour Declaration 18 November 1926   -  Statute of Westminster 11 December 1931   -  London Declaration 28 April 1949  Area  -  Total...


Thai law

According to Thai copyright law, the copyright term is the life of author plus 50 years.[9] When the author is a legal entity or an anonymous person, the copyright term is 50 years from the date of publication. Works of applied art (defined as drawings/paintings, sculpture, prints, architecture, photography, and drafts) have a copyright term of 50 years from publication.[10] Republication of works after the expiration of the copyright term does not reset the copyright term. Thai state documents are public domain.[11] A juristic person is a legal fiction through which the law allows a group of natural persons to act as if it were a single composite individual for certain purposes. ... “Anonymous” redirects here. ...


Japanese law

Japanese copyright law does not mention public domain. Hence, even when some materials are said to be "in the public domain" there can be some use restrictions. In that case, the term copyright-free is sometimes used instead. Pre-1953 both Japanese and non-Japanese films are considered to be in the public domain in Japan.[12] Japanese copyright laws consist of two parts: Authors Rights, and Neighboring Rights, and as such, copyright is a convenient collective term rather than a single concept in Japan. ... Copyright-free (著作権フリー) is a conventional expression extensively used in Japan that the author say their works can be used freely regardless of copyright. ...


Examples

Examples of inventions whose patents have expired include the inventions of Thomas Edison. Examples of works whose copyrights have expired include the works of Carlo Collodi, Mozart, and most of the works of Mark Twain, excluding the work first published in 2001, A Murder, a Mystery, and a Marriage. In the United States, the images of Frank Capra's classic film, It's a Wonderful Life (1946) entered into the public domain in 1974, because someone inadvertently failed to file a copyright renewal application with the Copyright Office during the 28th year after the film's release or publication. It wasn't until 1993 when Republic Pictures relied on the 1990 United States Supreme Court ruling in Stewart v. Abend to enforce its claim of copyright to portions of the film's sound track. As a result, only NBC is currently licensed to show the film on U.S. network television, the colourized versions have been withdrawn and Republic got exclusive video rights to the film (under license with Artisan Entertainment). Rights to It's a Wonderful Life now belong to Paramount Pictures. “Edison” redirects here. ... he Tuscan village where his mother, Angela Orzali, was born. ... “Mozart” redirects here. ... Samuel Langhorne Clemens (November 30, 1835 – April 21, 1910),[1] better known by the pen name Mark Twain, was an American humorist, satirist, lecturer and writer. ... This article is about the film director. ... For other uses, see Its a Wonderful Life (disambiguation). ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Holding Court membership Chief Justice: William Rehnquist Associate Justices: William J. Brennan, Byron White, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day OConnor, Antonin Scalia, Anthony Kennedy Case opinions Majority by: OConnor Joined by: Brennan, Marshall, Blackmun, Kennedy Concurrence by: White Dissent by: Stevens Joined by: Rehnquist... This article is about the television network. ... Artisan Entertainment was a privately held independent American movie studio that has been owned by Lions Gate Entertainment since 2003. ...


Currently four shorts by the Three Stooges are in the public domain due to accidental failure to renew their copyrights in the '60s. These are Disorder in the Court, Brideless Groom, Malice in the Palace, and Sing a Song of Six Pants. Other features and films from the Stooges are known to be in public domain as well. The Three Stooges were an American vaudeville and comedy act of the mid 20th century best known for their numerous short subject films. ... The 1960s decade refers to the years from 1960 to 1969. ... Disorder in the Court is a 1936 short-subject comedy film starring the Three Stooges (Moe, Larry, and Curly). ... Brideless Groom is a 1947 Three Stooges short, produced by Hugh McCollum and directed by Edward Bernds. ... Malice in the Palace is a 1949 short-subject comedy film starring the Three Stooges (Moe, Larry, and Shemp). ... Sing a Song of Six Pants is a 1947 short-subject comedy film starring the Three Stooges (Moe, Larry, and Shemp). ...


Several episodes of The Lucy Show are similarly in the public domain.[citation needed] Lucille Ball in still from a 1966 episode of The Lucy Show The Lucy Show was Lucille Balls follow up show to I Love Lucy. ...


Some works may never fully lapse into the public domain, such as the play Peter Pan by J. M. Barrie. While the copyright of this work expired in the United Kingdom in 1987, it has been granted special treatment under the Copyright, Designs and Patents Act 1988 (Schedule 6)[3] that requires certain royalties to be paid for performances within the UK, so long as Great Ormond Street Hospital continues to exist. J. M. Barrie had bequeathed the rights to Peter Pan to the hospital in perpetuity as an endowment. This article is about the play by J.M. Barrie. ... For the British Army surgeon, see James Barry (surgeon). ... The Great Ormond Street Hospital for Sick Children was founded in London in 1852 as the first hospital specifically for children in the English-speaking world. ... This article is about the play by J.M. Barrie. ...


Disclaimer of interest

Laws may make some types of works and inventions ineligible for monopoly; such works immediately enter the public domain upon publication. Many kinds of mental creations, such as publicized baseball statistics, are never covered by copyright. However, any special layout of baseball statistics, or the like, would be covered by copyright law. For example, while a phonebook is not covered by copyright law, any special method of laying out the information would be. Image File history File links Gnome-globe. ... Statistics are very important to baseball, perhaps as much as they are for cricket, and more than almost any other sport. ... Statistics are very important to baseball, perhaps as much as they are for cricket, and more than almost any other sport. ... In telephony, a telephone directory is a listing of telephone subscribers in a geographical area or subscribers to services provided by the organisation that publishes the directory. ...


For example: U.S. copyright law, 17 U.S.C. § 105, releases all works created by the U.S. government into the public domain. U.S. patent applications containing a copyright notice must also include a disclaimer of certain exclusive rights as part of the terms of granting the patent to the invention (leaving open the question regarding copyright of patents with no such notice). 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. United States copyright law governs the legally enforceable rights of creative and artistic works in the United States. ... A work of the United States government, as defined by United States copyright law, is a work prepared by an officer or employee of the U.S. government as part of that persons official duties. ... “The Great War ” redirects here. ... This article is about the drug. ... For other uses, see Heroin (disambiguation). ...


Another example would be Charles Darwin's theory of evolution. Being an abstract idea it has therefore never been patentable. After Darwin constructed his theory, he did not disclose it for over a decade (see Development of Darwin's theory). He could have kept his manuscript in his desk drawer forever but once he published the idea, the idea itself entered public domain. However, the carrier of his ideas, in the form of a book titled The Origin of Species, was covered by copyright (though, since he died in 1882, the copyright has since expired). For other people of the same surname, and places and things named after Charles Darwin, see Darwin. ... This article is about evolution in biology. ... The Development of Darwins theory began with a search for explanations of contradictions in current faith based ideas, and led him to formulate his theory of evolution which was eventually published in his book On the Origin of Species, a turning point in the history of evolutionary thought. ... Charles Darwins Origin of Species (publ. ... Year 1882 (MDCCCLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Friday of the 12-day slower Julian calendar). ...


Copyright

In the past, in some jurisdictions such as the USA, a work would enter the public domain with respect to copyright if it was released without a copyright notice. This was true prior to March 1, 1989 (according to the USA Copyright office), but is no longer the case. Any work (of certain, enumerated types) receives copyright as soon as it is fixed in a tangible medium.


It is commonly believed by non-lawyers that it is impossible to put a work into the public domain. Although copyright law generally does not provide any statutory means to "abandon" copyright so that a work can enter the public domain, this does not mean that it is impossible or even difficult, only that the law is somewhat unclear. Congress may not have felt it necessary to codify this part of the law, because abandoning property (like a tract of land) to the public domain has traditionally been a matter of common law, rather than statute. (Alternatively, because copyright has traditionally been seen as a valuable right, one which required registration to achieve, it would not have made sense to contemplate someone abandoning it in 1976 and 1988.)


Statutory law

Computer Software Rental Amendments Act

There are several references to putting copyrighted work into the public domain. The first reference is actually in a statute passed by Congress, in the Computer Software Rental Amendments Act of 1990 (H.R. 5498 of the 101st Congress). Although most of the Act was codified into Title 17 of the U.S. Code, there is a very interesting provision relating to "public domain shareware" which was not, and is therefore often overlooked.

Sec. 105. Recordation of Shareware


(a) IN GENERAL- The Register of Copyrights is authorized, upon receipt of any document designated as pertaining to computer shareware and the fee prescribed by section 708 of title 17, United States Code, to record the document and return it with a certificate of recordation.


(b) MAINTENANCE OF RECORDS; PUBLICATION OF INFORMATION- The Register of Copyrights is authorized to maintain current, separate records relating to the recordation of documents under subsection (a), and to compile and publish at periodic intervals information relating to such recordations. Such publications shall be offered for sale to the public at prices based on the cost of reproduction and distribution.


(c) DEPOSIT OF COPIES IN LIBRARY OF CONGRESS- In the case of public domain computer shareware, at the election of the person recording a document under subsection (a), 2 complete copies of the best edition (as defined in section 101 of title 17, United States Code) of the computer shareware as embodied in machine-readable form may be deposited for the benefit of the Machine-Readable Collections Reading Room of the Library of Congress.


(d) REGULATIONS- The Register of Copyrights is authorized to establish regulations not inconsistent with law for the administration of the functions of the Register under this section. All regulations established by the Register are subject to the approval of the Librarian of Congress.

One purpose of this legislation appears to be to allow "public domain shareware" to be filed at the Library of Congress, presumably so that the shareware would be more widely disseminated. Therefore, one way to release computer software into the public domain might be to make the filing and pay the $20 fee. This could have the effect of "certifying" that the author intended to release the software into the public domain. It does not seem that registration is necessary to release the software into the public domain, because the law does not state that public domain status is conferred by registration. Judicial rulings supports this conclusion, see below. The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ...


By comparing paragraph (a) and (c), one can see that Congress distinguishes "public domain" shareware as a special kind of shareware. Because this law was passed after the Berne Convention Implementation Act of 1988, Congress was well aware that newly created computer programs (two years worth, since the Berne Act was passed) would automatically have copyright attached. Therefore, one reasonable inference is that Congress intended that authors of shareware would have the power to release their programs into the public domain. This interpretation is followed by the Copyright Office in 37 C.F.R. § 201.26.


Berne Convention Implementation Act

The Berne Convention Implementation Act of 1988 states in section twelve that the Act "does not provide copyright protection for any work that is in the public domain." The congressional committee report explains that this means simply that the Act does not apply retroactively. Some interest groups lobbied heavily to make the Act retroactive in order to increase the U.S.'s negotiating leverage with other countries, because the U.S. often asks developing countries to allow the copyrighting of previously public-domain work. For the treaty establishing the General Postal Union, see Treaty of Bern. ...


Although the only part of the act that does mention "public domain" does not speak to whether authors have the right to dedicate their work to the public domain, the remainder of the committee report does not say that they intended copyright should be an indestructible form of property. Rather the language speaks to getting rid of formalities in order to comply with Berne (non-compliance had become a severe impediment in trade negotiations) and making registration and marking optional, but encouraged. A fair reading is that the Berne Act did not intend to take away author's right to dedicate works to the public domain, which they had (by default) under the 1976 Act.


Section 203 of the Copyright Act

Although there is support in the statutes for allowing work to be dedicated to the public domain, there cannot be an unlimited right to dedicate work to the public domain because of a quirk of U.S. copyright law which grants the author of a work the right to cancel "the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright" thirty-five years later, unless the work was originally a work for hire. [13]


It is unsettled how this section would mesh with a purported public domain dedication. Any of these interpretations are possible:

  • No effect. Any holder of a copyright can release it to the public domain. This interpretation is probably wrong, because then an author would lose the right to his "termination right," which in practical terms means a royalty. To prevent paying the royalty, a comic book company could release the copyright to the public domain but hold onto the trademark, which would suffice to prevent knock-off comics from being made. Because the Captain America case (Marvel v. Simon) showed that this termination right cannot be alienated before death, this interpretation is almost certainly wrong.
  • Some effect. An author may release his own work into the public domain, and a company holding a work for hire may release his work into the public domain. But a company which has purchased a copyright from an author (as was the case with most of the "Golden Age" comic book writers) cannot. Although the distinction of allowing an author to release his own work is not explicit in the statute, it may not be literally inconsistent (it is not a "transfer" or a "license," and it arguably is not a grant of a right under copyright), and this reading is necessary to comply with the 1990 Act discussed above, as well as the case law discussed below.
  • Strong effect. Only a company holding a work for hire can release the work into the public domain. Because of the references to "shareware" (above) and "programmers" (below), and the fact that many software companies in the 1980s were quite small (and thus did not have employees), this reading seems inconsistent with the intent of Congress.

Case law

Another form of support comes from the seminal case Computer Associates Int'l v. Altai, 982 F.2d 693. This case set the standard for determining copyright infringement of computer software and is still followed today. Moreover, it was decided by the Second Circuit appellate court, which is famous for handing down some of the most well-reasoned American copyright decisions. In this case, it discusses the public domain. Computer Associates International, Inc. ...

(c) Elements Taken from the Public Domain

Closely related to the non-protectability of scenes a faire, is material found in the public domain. Such material is free for the taking and cannot be appropriated by a single author even though it is included in a copyrighted work. ... We see no reason to make an exception to this rule for elements of a computer program that have entered the public domain by virtue of freely accessible program exchanges and the like. See 3 Nimmer Section 13.03 [F] ; see also Brown Bag Software, slip op. at 3732 (affirming the district court’s finding that “‘[p]laintiffs may not claim copyright protection of an . . . expression that is, if not standard, then commonplace in the computer software industry.’“). Thus, a court must also filter out this material from the allegedly infringed program before it makes the final inquiry in its substantial similarity analysis.

This decision holds that computer software may enter the public domain through "freely accessible program exchanges and the like," or by becoming "commonplace in the computer industry." Relying only on this decision, it is unclear whether an author can dedicate his work to the public domain simply by labeling it as such, or whether dedication to the public domain requires widespread dissemination.


This could make a distinction in a CyberPatrol-like case, where a software program is released, leading to litigation, and as part of a settlement the author assigns his copyright. If the author has the power to release his work into the public domain, there would be no way for the new owner to stop the circulation of the program. A court may look on an attempt to abuse the public domain in this way with disfavor, particularly if the program has not been widely disseminated. Either way, a fair reading is that an author may choose to release a computer program to the public domain if he can arrange for it to become popular and widely disseminated.


Treatise analysis

The treatise cited (Nimmer), holds in its most recent edition:

13.03[F][4]

It is axiomatic that material in the public domain is not protected by copyright, even when incorporated into a copyrighted work. ...

An enormous amount of public domain software exists in the computer industry, perhaps to a much greater extent than is true of other fields. Nationwide computer "bulletin boards" permit users to share and distribute programs. In addition, computer programming texts may contain examples of actual code that programmers are encouraged to copy.

Programmers often will build existing public domain software into their works. The courts thus must be careful to limit protection only to those elements of the program that represent the author's original work.

Although Computer Associates only mentioned the issue in passing, Nimmer observes that the public domain is particularly rich and valuable for computer programs. He seems to say that a computer program author who wishes to release his work into the public domain may either include it in a book as example code or post it on a "bulletin board" and encourage sharing and distribution. (Nimmer is the treatise most widely cited in copyright opinions, and is generally authoritative.) CA, Inc. ...


Patent

With regard to patents, on the other hand, public use or publishing the details of an invention before applying for a patent will generally place an invention in the public domain and (in theory) prevent its subsequent patenting by anyone – an effective disclaimer. For example, a chemistry journal publishing a formula prevents patenting the formula by anyone. This tactic was commonly used by Bell Labs. The famous Bell Labs Technical Journal was sent free of charge to the library of the U.S. Patent Office to establish a base of prior art without the inconvenience, cost, and hassle of filing patent applications for inventions of no immediate monetary value. (Unix was famously described in this journal.) This is sometimes called "defensive disclosure" - one way to make sure you are not later accused of infringing a patent on your own invention. There is an exception to this rule, however: in U.S. (not European) law, an inventor may file a patent claim up to one year after publishing a description (but not, of course, if someone else published or used it first). Bell Laboratories (also known as Bell Labs and formerly known as AT&T Bell Laboratories and Bell Telephone Laboratories) was the main research and development arm of the United States Bell System. ... The Bell Labs Technical Journal is the in-house journal for scientists of Bell Labs/Lucent. ... Filiation of Unix and Unix-like systems Unix (officially trademarked as UNIX®, sometimes also written as or ® with small caps) is a computer operating system originally developed in 1969 by a group of AT&T employees at Bell Labs including Ken Thompson, Dennis Ritchie and Douglas McIlroy. ...


In practice, patent examiners only consider other patents and the books they have in their library for prior art, largely because the patent office has an elaborate classification system for inventions. This means that an increasing number of issued patents may be invalid, based upon prior art that was not brought to the examiner's attention. Once a patent is issued, it is very expensive to invalidate. Publishing a description on a website as a preemptive disclosure does very little in a practical sense to release an invention to the public domain; it might still be considered "patentable", although erroneously. However, anyone aware of an omitted prior art citation in an issued patent may submit it to the US Patent Office and request a "reexamination" of the patent during the enforceable period of the patent (that is, its life plus statute of limitations). This may result in loss of some or all of the patent on the invention, or it may backfire and actually strengthen the claims.


An applicant may also choose to file a Statutory Invention Registration, which has the same effect as a patent for prior art purposes. These SIRs are relatively expensive. These are used strategically by large companies to prevent competitors from obtaining a patent. In United States patent law, a statutory invention registration (SIR) is a publication of an invention by the United States Patent and Trademark Office (USPTO). ...


Section 102(c) says that an invention that has been "abandoned" cannot be patented. There is precious little case-law on this point. It is largely a dead letter.


If an inventor has an issued patent, there are several ways to release it to the public domain (other than simply letting it expire). First, he can fail to pay the maintenance fee the next time it is due, about every four years. Alternatively he can file a terminal disclaimer under 37 CFR 1.321 for a reasonable fee. The regulations explicitly say that the "patentee may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted. Such disclaimer is binding upon the grantee and its successors or assigns." Usually this is used during the application process to prevent another patent from a "double patenting" invalidation. Lastly, he may grant a patent license to the world, although the issue of revocability may raise its head again. Double patenting is the protection of one single invention by two patents usually owned by the same proprietor. ...


Trade secret

If guarded properly, trade secrets are forever. A business may keep the formula to Coca-Cola a secret. However, once it is disclosed to the public, the former secret enters public domain, although an invention using the former secret may still be patentable in the United States if it is not barred by statute (including the on-sale bar)[4]. A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ... The wave shape (known as the dynamic ribbon device) present on all Coca-Cola cans throughout the world derives from the contour of the original Coca-Cola bottles. ... The on-sale bar of 35 U.S.C. 102 is a United States patent law term that means if an invention has been for sale for over one year, it is no longer patentable. ...


Some businesses choose to protect products, processes, and information by guarding them as trade secrets, rather than patenting them. Hershey Foods, Inc., for example, does not patent some of its processes, such as the recipe for Reese's, but rather maintains them as trade secrets, to prevent competitors from easily duplicating or learning from their invention disclosures. The Hershey Company (NYSE: HSY), formerly Hershey Foods Corporation (name changed in April 2005), commonly called Hersheys, is the worlds largest chocolate company. ...


One risk, however, is that anyone may reverse engineer a product and thus discover (and copy and publish) all of its secrets, to the extent they are not covered by other laws (e.g., patent, contract). Reverse engineering (RE) is the process of taking something (a device, an electrical component, a software program, etc. ...


Trademark

Main article: Genericized trademark

A trademark registration is renewable. If a trademark owner wishes to do so, he may maintain a registration indefinitely by paying renewal fees, using the trademark and defending the registration. A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ... “(TM)” redirects here. ...


However, a trademark or brand can become unenforceable if it becomes the generic term for a particular type of product or service – a process called "genericide." If a mark undergoes genericide, people are using the term generically, not as a trademark to exclusively identify the particular source of the product or service. One famous example is "thermos" in the United States. For other uses, see Brand (disambiguation). ... A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ... A thermos is a Vacuum flask ; Thermos is an ancient greek city, the capital city of the Aetolian League. ...


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" is still a trademark of the German company Bayer. Bayer lost the trademark after World War I, when the mark was sold to an American firm. So many copycat products entered the marketplace during the war that it was deemed generic just three years later.[14] This article is about the drug. ... Bayer AG (IPA pronunciation //) (ISIN: DE0005752000, NYSE: BAY, TYO: 4863 ) is a German chemical and pharmaceutical company founded in Barmen, Germany in 1863. ... “The Great War ” redirects here. ... A marketplace is the space, actual or metaphorical, in which a market operates. ...


Terms can be deemed "generic" in two ways. First, any potential mark can be deemed "generic" by a trademark registry, that refuses to register it. In this instance, the term has no secondary meaning that helps consumers identify the source of the product; the term serves no function as a "mark". Second, a mark, already in use, may be deemed generic by a court or registry after the mark is challenged as generic – this is known as "genericide". In this instance, the term previously had a secondary meaning, but lost its source-identifying function.


To avoid "genericide", a trademark owner must balance between trying to dominate the market, and dominating their market to such an extent that their product name defines the market. A manufacturer who invents an amazing breakthrough product which cannot be succinctly described in plain English (for example, a vacuum-insulated drinking flask) will likely find its product described by the trademark ("Thermos"). If the product continues to dominate the market, eventually the trademark will become generic ("thermos").


However, "genericide" is not an inevitable process. In the late 1980s "Nintendo" was becoming synonymous with home video game consoles but Nintendo was able to reverse this process through marketing campaigns. Xerox was also successful in avoiding its name becoming synonymous with the act of photocopying (although, in some languages (Russian) and countries (like India), it became generic). Nintendo Company, Limited (任天堂 or ニンテンドー Nintendō; NASDAQ: NTDOY, TYO: 7974 usually referred to as simply Nintendo, or Big N ) is a multinational corporation founded on September 23, 1889[1] in Kyoto, Japan by Fusajiro Yamauchi to produce handmade hanafuda cards. ... Xerox Corporation (NYSE: XRX) (name pronounced ) is a global document management company, which manufactures and sells a range of color and black-and-white printers, multifunction systems, photo copiers, digital production printing presses, and related consulting services and supplies. ...


Trademarks currently thought to be in danger of being generic include Jell-O, Band-Aid, Rollerblade, Google, Spam, Hoover, and Sheetrock. Google vigorously defends its trademark rights. Although Hormel has resigned itself to genericide [5], it still fights attempts by other companies to register "spam" as a trademark in relation to computer products [6]. JELL-O is a brand name belonging to USA-based Kraft Foods for a number of gelatin desserts, including fruit gels, puddings and no-bake cream pies. ... Band Aid can refer to: BAND-AID, a brand of adhesive bandage Band Aid, a musical ensemble raising money for famine relief. ... This article is about the company and trademark Rollerblade. ... This article is about the corporation. ... This article is about the canned meat product. ... Hoover Company logo, originally designed by Henry Dreyfuss The Hoover Company started out as an American floor care manufacturer based in North Canton, Ohio. ... Drywall (also called gypsum board, GWB, plasterboard, SHEETROCK® and Gyproc®) is a building material consisting of gypsum formed into a flat sheet and sandwiched between two pieces of heavy paper. ...


When a trademark becomes generic, it is as if the mark were in the public domain.


Trademarks which have been genericized in particular places include: Escalator, Trampoline, Raisin Bran, Linoleum, Dry Ice, Shredded Wheat (generic in US), Mimeograph, Yo-Yo, Kerosene, Cornflakes, Cube Steak, Lanolin, and High Octane, (Source: Xerox ad, reprinted in Copyright, Patent, Trademark, ..., by Paul Goldstein, 5th ed., p. 245) as well as Aspirin (generic in the United States, but not in Canada), Allen wrench, Beaver Board, Masonite, Coke, Pablum, Styrofoam, Heroin, Bikini, Chyron, Weedwhacker, Kleenex, Linux (generic in Australia) and Zipper. Escalators at Canary Wharf, London. ... For other uses, see Trampoline (disambiguation). ... A Raisin Bran box Raisin bran is generally consisting of wheat bran flakes mixed with raisins. ... A linoleum kitchen floor Linoleum is a floor covering made from solidified linseed oil (linoxyn) in combination with wood flour or cork dust over a burlap or canvas backing. ... Small pellets of dry ice sublimating in air. ... Post Cereals shredded wheat Shredded Wheat is a breakfast cereal made from whole wheat. ... Mimeograph machine The Mimeograph machine (commonly abbreviated to Mimeo), or stencil duplicator was a printing machine that was far cheaper per copy than any other process in runs of several hundred to several thousand copies. ... The yo-yo is a toy consisting of two equally-sized discs of plastic, wood, or metal, connected with an axle, around which a string is wound. ... Kerosene or kerosine, also called paraffin oil or paraffin in British usage (not to be confused with the waxy solid also called paraffin wax or just paraffin) is a flammable hydrocarbon liquid. ... Corn flakes are a food made by combining cooked corn along with sugar and vitamins. ... Cube Steak is a cut of meat, usually top round, tenderized by a fierce pounding of a mallet. ... Lanolin, also called Adeps Lanae, wool wax, wool fat, or wool grease, a greasy yellow substance from wool-bearing animals, acts as a skin ointment, water-proofing wax, and raw material (such as in shoe polish). ... This article is about the drug. ... An Allen wrench, Allen key, hex key or hex head wrench is a tool used to drive screws and bolts with a hexagonal socket in the head. ... Masonite is an a type of hardboard formed using the Mason method (invented by William H. Mason) by taking wooden chips and blasting them into long fibres using steam and then forming it into boards. ... The wave shape (known as the dynamic ribbon device) present on all Coca-Cola cans throughout the world derives from the contour of the original Coca-Cola bottles. ... Pablum is a processed cereal for infants originally marketed by the Mead Johnson Company in 1931. ... Styrofoam is a trademark name for polystyrene thermal insulation material, manufactured by Dow Chemical Company. ... For other uses, see Heroin (disambiguation). ... This article is about the womens bathing suit. ... Chyron can mean: The Chyron Corporation company, which makes character generator equipment for television broadcasters. ... Wikipedia does not yet have an article with this exact name. ... Kleenex logo This article is about the Kleenex brand. ... This article is about operating systems that use the Linux kernel. ... Zipper slider brings together the two sides A zipper (British English: zip fastener or zip) is a popular device for temporarily joining two edges of fabric. ...


Domain name

People may buy and sell domain names. Sometimes, people advertise them as their own "intellectual property". In early 2000, the record-breaker domain name "business.com" was sold for $8 million (this was resold in July 2007 for $345 million[15]). The term domain name has multiple related meanings: A name that identifies a computer or computers on the internet. ... For the 2006 film, see Intellectual Property (film). ... Year 2000 (MM) was a leap year starting on Saturday (link will display full 2000 Gregorian calendar). ...


A domain name never enters public domain. If nobody owns it, it simply doesn't exist. Top level domains, such as .com, are controlled by the ICANN (Internet Corporation for Assigned Names and Numbers). A domain name is sometimes described as a lease, but this has only a shred of truth in it. In fact it is much closer to a trademark. While a leaseholder of, say, real estate cannot be ejected from the property by anybody (except the government, in rare cases), domain names are subject to cybersquatting suits and trademark suits. A top-level domain (TLD) is the last part of which Internet domain names consist of. ... This article is about the generic top-level domain . ... ICANN headquarters ICANN (IPA /aɪkæn/) is the Internet Corporation for Assigned Names and Numbers. ... Cybersquatting, according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else. ...


Public domain and the Internet

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:

  1. Businesses and organizations who could devote staff to resolving legal conflicts through negotiation and the court system.
  2. 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.

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. For fair use in trademark law, see Fair use (US trademark law). ...


Freely obtained does not mean free to republish

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 a person stolen merchandise, it is still stolen, even if the receiving party was not aware of it.) Chasing down copyright violations based on the idea that information is inherently free has become a primary focus of industries whose financial structure is based on their control of the distribution of such media.


(Almost) everything written down is copyrighted

Another complication is that publishing exclusively on the Internet has become extremely popular. In countries party to the Berne Convention, an author's original works are covered by copyright as soon as the work is put into a "fixed" form; no formal copyright notice or registration is necessary. 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 emails) could be considered copyrighted material unless explicitly stated otherwise. For the treaty establishing the General Postal Union, see Treaty of Bern. ... It has been suggested that Online diary be merged into this article or section. ... E-mail, or email, is short for electronic mail and is a method of composing, sending, and receiving messages over electronic communication systems. ...


The distribution of many types of Internet postings (particularly Usenet articles and messages sent to electronic mailing lists) inherently involves duplication. The act of posting such a work can therefore be taken to imply consent to a certain amount of copying, as dictated by the technical details of the manner of distribution. However, it does not necessarily imply total waiver of copyright. Usenet (USEr NETwork) is a global, decentralized, distributed Internet discussion system that evolved from a general purpose UUCP architecture of the same name. ...


Furthering the public domain with the Internet

Many people are using the Internet to contribute to the public domain, or make works in the public domain more accessible to more people. For example, Project Gutenberg and LibriVox coordinate the efforts of people who transcribe works in the public domain into electronic form. Some projects exist for the sole purpose of making material available into the public domain or under no-cost licenses. The IMSLP (International Music Score Library Project) is attempting to create a virtual library containing all public domain musical scores, as well as scores from composers who are willing to share their music with the world free of charge. Project Gutenberg, abbreviated as PG, is a volunteer effort to digitize, archive and distribute cultural works. ... Librivox is a digital library of free public domain audio books, read by volunteers. ... The International Music Score Library Project (IMSLP) is a project for the creation of a virtual library of public domain music scores, based on the wiki principle. ...


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. 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. Wikipedia does much the same thing with its content under the GNU Free Documentation License. Sometimes such work is inadvertently referred to as "public domain" in colloquial speech. The Free Software Foundation (FSF) is a non-profit corporation founded in October 1985 by Richard Stallman to support the free software movement (free as in freedom), and in particular the GNU project. ... The reversed c in a full circle is the copyleft symbol. ... Wikipedia (IPA: , or ( ) is a multilingual, web-based, free content encyclopedia project, operated by the Wikimedia Foundation, a non-profit organization. ... “GFDL” redirects here. ...


Note also that while some works (especially musical works) may be in the public domain, U.S. law considers performances or (some) transcriptions of those works to be derivative works, potentially subject to their own copyrights. Similarly, a film adaptation of a public-domain story (such as a fairy tale or a classic work of literature) may itself be copyrightable.


Media in the public domain

There are hundreds of movies, cartoons and television shows that have fallen into the public domain. Some of these movies are considered classics, such as The Gold Rush (1925) starring Charlie Chaplin, A Star Is Born (1937), and Night of the Living Dead (1968). The works either did not include a proper copyright notice when published, or the copyright was not renewed and therefore the content is now in the public domain. The Gold Rush is a 1925 silent film comedy written, directed by, and starring Charlie Chaplin in his Little Tramp role. ... Charles Chaplin redirects here. ... DVD cover showing stars Janet Gaynor and Fredric March. ... This article is about the 1968 film directed by George A. Romero. ...


See also

For the treaty establishing the General Postal Union, see Treaty of Bern. ... Copyfraud is a term used to describe the misuse of false claims of copyright. ... The reversed c in a full circle is the copyleft symbol. ... The Copyright Term Extension Act (CTEA) of 1998 – alternatively known as the Sonny Bono Copyright Term Extension Act or pejoratively as the Mickey Mouse Protection Act – extended copyright terms in the United States by 20 years. ... The Creative Commons (CC) is a non-profit organization devoted to expanding the range of creative work available for others legally to build upon and share. ... Creativity techniques are heuristic methods to facilitate creativity in a person or a group of people. ... There are very few or no other articles that link to this one. ... Holding 20-year retroactive extension of existing copyright terms did not violate the Copyright Clause or the First Amendment of the United States Constitution. ... Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations. ... For fair use in trademark law, see Fair use (US trademark law). ... The legal aspects of technology involve many different terms. ... The Street Performer Protocol (SPP) is a way of encouraging the creation of creative works in the public domain, described by the cryptographers John Kelsey and Bruce Schneier[1] of Counterpane Systems (although the underlying idea is much older). ... The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs was an article in the Harvard Law Review by United States Supreme Court Justice-to-be Stephen Breyer in 1970, while he was still a legal academic. ... In economics and related disciplines, a transaction cost is a cost incurred in making an economic exchange. ... A work of the United States government, as defined by United States copyright law, is a work prepared by an officer or employee of the U.S. government as part of that persons official duties. ...

Footnotes

  1. ^ Kevin Kelly. "Scan This Book!". New York Times, 14 May 2006.
  2. ^ Cornell University Copyright Information Center; updated January 1, 2007, accessed January 28, 2007[1]; Copyright Term and the Public Domain in the United States
  3. ^ Testimony of Dorothy Schrader, general counsel of the U.S. copyright office, hearing for H.R. 1623, serial 100/50.
  4. ^ U.S. Copyright Office, Circular 92, Copyright Law of the United States of America, Chapter 3: Duration of Copyright.
  5. ^ U.S. Copyright Office, Circular 15a, Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright Protection.
  6. ^ An exception to the 1976 Copyright Act's general abolition of common law copyright.
  7. ^ § 301. Preemption with respect to other laws, Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92, U.S. Copyright Office.
  8. ^ Statement of Professor Peter Jaszi, The Copyright Term Extension Act of 1995: Hearing on S.483 Before the Senate Judiciary Comm., 104th Cong.
  9. ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B.E. 2537 (1994 A.D.), from Wikisource, in Thai. Section 4 governs copyright expiration terms
  10. ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B.E. 2537 (1994 A.D.), from Wikisource, in Thai. Section 4, Article 21 states the copyright term for applied art works
  11. ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B.E. 2537 (1994 A.D.), from Wikisource, in Thai. Section 7 governs works not copyrightable. The law refers specifically to Thai state rules, regulations, announcements, orders, explanations, and correspondence, and includes the constitution, laws, court decisions, examinations, and reports.
  12. ^ PARAMOUNT - JAPANESE COURT RULES PRE-1953 MOVIES IN PUBLIC DOMAIN (2006-12-07). Retrieved on 2007-11-01.
  13. ^ http://www.copyright.gov/title17/92chap2.html#203
  14. ^ World of Molecules / Aspirin.
  15. ^ [2]

The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... May 14 is the 134th day of the year (135th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Cornell redirects here. ... The original Wikisource logo. ... The original Wikisource logo. ... The original Wikisource logo. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 305th day of the year (306th in leap years) in the Gregorian calendar. ...

References

  • Fishman, Stephen, The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More. ISBN 0-87337-433-9

External links


  Results from FactBites:
 
Public domain - Wikipedia, the free encyclopedia (7251 words)
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.
Although the only part of the act that does mention "public domain" does not speak to whether authors have the right to dedicate their work to the public domain, the remainder of the committee report does not say that they intended copyright should be an indestructible form of property.
However, once it is disclosed to the public, the former secret enters public domain, although an invention using the former secret may still be patentable in the United States if it is not barred by statute (including the on-sale bar)[3].
Encyclopedia4U - Public domain - Encyclopedia Article (1313 words)
Internationally, the public domain is the body of creative works and other knowledge--writing, artwork, music, science, inventions, and others--in which no person or organization has any proprietary interest (typically a government-granted monopoly such as a copyright or patent).
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.
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.
  More results at FactBites »

 
 

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