From Wikipedia, the free encyclopedia
This article is about public ownership of creative works. For use in relationship to public lands, see
Public domain (land).
For how the public domain applies to Wikipedia, see Wikipedia:Public domain.
.^ The content is clearly in the public domain.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ Professor Samuels and some others have suggested that no matter how we may struggle, in the end the public domain is whatever intellectual property is not.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ Filed Under: content id , public domain , takedowns .- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
.^ The material becomes public property.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Photographers give the AIC non-exclusive rights to use their images for specified purposes.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ It uses material from the Wikipedia article, Forbidden City SEE FULL License, Credit and Disclaimer Tags: Public Domain Clip Art and clip art or public domain and The Forbidden City Beijing, China .
.^ Public domain art Works in public dom...- Public Domain Definition | Definition of Public Domain at Dictionary.com 15 January 2010 7:24 UTC dictionary.reference.com [Source type: Reference]
- Public%20domain Definition | Definition of Public%20domain at Dictionary.com 15 January 2010 7:24 UTC dictionary.reference.com [Source type: General]
^ When works pass into the public domain?
^ The public domain is most often discussed in contrast to works restricted by copyright.
.^ Making the public domain public.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This section includes articles and law reviews discussing the public domain.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Inevitably, the work of defining the public domain .- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
.^ Public domain art Works in public dom...- Public Domain Definition | Definition of Public Domain at Dictionary.com 15 January 2010 7:24 UTC dictionary.reference.com [Source type: Reference]
^ But why should that work be used to create a perpetual copyright for something in the public domain?!- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
^ When works pass into the public domain?
.^ Under modern law, most original works of art, literature, music, etc.
^ Under the copyright law, the creator of the original expression in a work is its author.- U.S. Copyright Office - Definitions (FAQ) 15 January 2010 7:24 UTC www.copyright.gov [Source type: Reference]
^ Under the copyright laws of the United States (17 U.S.C 105), all works created by the U.S. government must be released into the public domain.- Introduction to Open Source and Public Domain Software 15 January 2010 7:24 UTC healthit.ahrq.gov [Source type: FILTERED WITH BAYES]
are covered by copyright from the time of their creation for a limited period of time (which varies by country).
.^ Copyrightable works may also enter the public domain if the copyright owner grants the work to the public domain.- Public Domain 15 January 2010 7:24 UTC www.benedict.com [Source type: Reference]
^ Public domain art Works in public dom...- Public Domain Definition | Definition of Public Domain at Dictionary.com 15 January 2010 7:24 UTC dictionary.reference.com [Source type: Reference]
^ When will they enter the public domain?- The Public Domain Enhancement Act 15 January 2010 7:24 UTC www.eldred.cc [Source type: Original source]
.^ That's right, they're almost all public domain works.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ Copyright, contract and code: What will remain of the public domain?- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
[2]
.^ Inevitably, the work of defining the public domain .- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ The impetus to use this metaphor is natural, and follows easily from the language commonly used to define it: "to fall into the public domain;" "to search the public domain."- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Traditionally the public domain has been defined as the set of intellectual works that can be copied, used and reused without restriction of any kind.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
.^ Names, logos, and other identifying marks used in commerce can be restricted as proprietary trademarks for a single business to use.
^ If you want to try and use POPEYE as a brand or source identifier, you will still need to secure permission from the trademark owner, which in this case is Hearst Holdings, Inc.- Popeye The Sailor Man In The Public Domain 15 January 2010 7:24 UTC askbeforeyouact.org [Source type: FILTERED WITH BAYES]
^ 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.- Public Domain 15 January 2010 7:24 UTC www.florencechamber.com [Source type: Original source]
- Nerd Arts » Blog Archive » What is Public Domain? 15 January 2010 7:24 UTC nerdarts.com [Source type: General]
.^ When will they enter the public domain?- The Public Domain Enhancement Act 15 January 2010 7:24 UTC www.eldred.cc [Source type: Original source]
^ Tech books to enter public domain .- Tech books to enter public domain | Developer World - InfoWorld 15 January 2010 7:24 UTC www.infoworld.com [Source type: General]
^ Trademarks can be maintained indefinitely, but they can also lapse through disuse, negligence, or widespread misuse, and enter the public domain.
.^ Most of the Bibles, however, are not in the public domain.- BibleGateway.com: A searchable online Bible in over 100 versions and 50 languages. Frequently Asked Questions: Appropriate Use, Permissions, and Copyright Questions 15 January 2010 7:24 UTC www.biblegateway.com [Source type: FILTERED WITH BAYES]
^ The public domain can also be defined in contrast to trademarks.
^ Once a trademark becomes genericized , it is like in the public domain.- Los Angeles Lawyer - Public Domain 15 January 2010 7:24 UTC www.danataschner.com [Source type: Original source]
.^ The public domain can also be defined in contrast to trademarks.
^ The public domain also contrasts with patents.
^ 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.- Public Domain 15 January 2010 7:24 UTC www.florencechamber.com [Source type: Original source]
- Nerd Arts » Blog Archive » What is Public Domain? 15 January 2010 7:24 UTC nerdarts.com [Source type: General]
.^ New inventions can be registered and granted patents restricting others from using them without permission from the inventor.
^ 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.- Nerd Arts » Blog Archive » What is Public Domain? 15 January 2010 7:24 UTC nerdarts.com [Source type: General]
^ A patent is a the granting by a government of the sole rights for an invention to its inventor or applicant for a limited period of time, generally 17 or 20 years from the filing date, according to the country.- Public domain definition by The Linux Information Project (LINFO) 15 January 2010 7:24 UTC www.linfo.org [Source type: Original source]
.^ Copyrightable works may also enter the public domain if the copyright owner grants the work to the public domain.- Public Domain 15 January 2010 7:24 UTC www.benedict.com [Source type: Reference]
^ When will they enter the public domain?- The Public Domain Enhancement Act 15 January 2010 7:24 UTC www.eldred.cc [Source type: Original source]
^ Tech books to enter public domain .- Tech books to enter public domain | Developer World - InfoWorld 15 January 2010 7:24 UTC www.infoworld.com [Source type: General]
No legal restriction on use
.^ Work that is in the public domain includes any work...- public domain Resources | ZDNet 15 January 2010 7:24 UTC updates.zdnet.com [Source type: General]
^ Publishing works that have entered the public domain.
^ Public Domain Works registry .- Public domain - images, music, writings etc you can use for free - A Consuming Experience 15 January 2010 7:24 UTC www.consumingexperience.com [Source type: General]
.^ That's right, they're almost all public domain works.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ Public domain and collective rights in culture.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
.^ Another public domain classic disappears.- Copyfraud: Poisoning the public domain • The Register 15 January 2010 7:24 UTC www.theregister.co.uk [Source type: General]
^ Public Domain The jurisdiction of the general public.- public domain Resources | ZDNet 15 January 2010 7:24 UTC updates.zdnet.com [Source type: General]
^ One of them - the public domain material.- Public domain – pleasure & profits. 15 January 2010 7:24 UTC domainsstuff.com [Source type: FILTERED WITH BAYES]
.^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This United States Congress image is in the public domain.
^ Recommended by: Rolfyboy6 Careful; things that are public domain in the United States may not be public domain in Europe, and vice versa.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
.^ Generally speaking, works created by U.S. Government employees are not eligible for copyright protection in the United States.
^ NOAA Photo Library Generally speaking, works created by U.S. Government employees are not eligible for copyright protection in the United States.
^ But at its core the public domain is not a place at all; to some people it is just the legal status of individual works that are no longer in copyright or that cannot be in copyright, to others it is a guarantee of rights no longer reserved for the benefit of creators.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ The public domain in copyright law .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ The combined effect of this evidence, tentative though some of it still is, makes a strong qualitative case for the commercial as well as social value of this 'broad' public domain.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
^ Professor Samuels and some others have suggested that no matter how we may struggle, in the end the public domain is whatever intellectual property is not.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
[3][4]
.^ Copyrightable works may also enter the public domain if the copyright owner grants the work to the public domain.- Public Domain 15 January 2010 7:24 UTC www.benedict.com [Source type: Reference]
^ But why should that work be used to create a perpetual copyright for something in the public domain?!- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
^ Comments and public postings are copyrighted by their creators.- qmail released into the public domain [LWN.net] 15 January 2010 7:24 UTC lwn.net [Source type: Original source]
.^ Most of these images are of works in the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Public but private: Copyright’s new unpublished public domain.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ Copyrightable works may also enter the public domain if the copyright owner grants the work to the public domain.- Public Domain 15 January 2010 7:24 UTC www.benedict.com [Source type: Reference]
^ Intellectual property law .- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Tech books to enter public domain .- Tech books to enter public domain | Developer World - InfoWorld 15 January 2010 7:24 UTC www.infoworld.com [Source type: General]
.^ Collections of data with intuitive organization, such as alphabetized directories like telephone directories, are generally not copyrightable.
^ Collections of data with intuitive organization, such as alphabetized directories like telephone directories, are in the public domain.- Los Angeles Lawyer - Public Domain 15 January 2010 7:24 UTC www.danataschner.com [Source type: Original source]
^ The District Court granted summary judgment to Rural in its copyright infringement suit, holding that telephone directories are copyrightable .- utmem, public domain and intellectual copyright information - welcome 15 January 2010 7:24 UTC www.utmem.com [Source type: FILTERED WITH BAYES]
.^ In some countries copyright-like rights are granted for databases, even those containing mere facts.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Database Rights can apply even when there is no copyright over the Database.- Open Data Commons » ODC Public Domain Dedication and Licence (PDDL) 15 January 2010 7:24 UTC www.opendatacommons.org [Source type: Reference]
^ Educators have some additional rights to copyrights .- utmem, public domain and intellectual copyright information - welcome 15 January 2010 7:24 UTC www.utmem.com [Source type: FILTERED WITH BAYES]
.^ This United States Congress image is in the public domain.
^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ As a work of the U.S. federal government, the image is in the public domain.
[5] .^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This United States Congress image is in the public domain.
^ Defending the public domain in copyright law: A tactical approach.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ This work is in the public domain in the United States because it is a work of the United States Federal Government under the terms of Title 17, Chapter 1, Section 105 of the US Code.
^ To amend title 17, United States Code, to allow abandoned copyrighted works to enter the public domain after 50 years.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This second part surveys some of the practical issues encountered in building a public domain image database.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
[6] .^ When will they enter the public domain?- The Public Domain Enhancement Act 15 January 2010 7:24 UTC www.eldred.cc [Source type: Original source]
^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ They may also be in the public domain in other countries as well.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ Copyrightable works may also enter the public domain if the copyright owner grants the work to the public domain.- Public Domain 15 January 2010 7:24 UTC www.benedict.com [Source type: Reference]
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Public Domain two parts of the Public Domain: • the structural Public Domain • Works of authorship where the copyright protection has expired.- The Public Domain Charter 15 January 2010 7:24 UTC www.slideshare.net [Source type: FILTERED WITH BAYES]
[7]
Expiration
.^ Here's a list of when items become part of the public domain.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ Now, under the Sony Bono Copyright Term Extension Act, works that would have become public property now have an additional twenty years to wait until they fall into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ White of course is not natural but the result of ages of domestication, and may occur anywhere on a dog, as partial albinism, without regard to symmetry or rule.
For a trademark registration to remain valid, the owner must continue to use it.
.^ Here's a list of when items become part of the public domain.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ Public domain and collective rights in culture.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ In such an atmosphere both "fair use" and the "public domain" are species of "market failure."- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ First, it's a DC. If a DC has more than one NIC, IP address or RRAS on it, it causes a complexity that causes DNS registration issues.- http://www.microsoft.com/communities/newsgroups/list/en-us/default.aspx?dg=microsoft.public.win2000.active_directory&tid=c4f66642-05a4-45e7-b79a-08c86c00e94d&mid=e9a5a72b-3c6d-49b9-be78-446904fc15a5&cat=&lang=&cr=&sloc=&p=9 15 January 2010 7:24 UTC www.microsoft.com [Source type: FILTERED WITH BAYES]
^ Of course, this is made even more complex because it's still something of an open question as to what, exactly, about a character is covered by copyright.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ And we've seen more than a few instances where people falsely claim copyright on public domain material.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
.^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This work is in the public domain in the United States because it is a work of the United States Federal Government under the terms of Title 17, Chapter 1, Section 105 of the US Code.
^ These metaphors appear to follow from the term "public domain" itself.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
.^ Fair use of copyrighted images varies from country to country, but in most common-law nations fair use includes commentary, criticism, parody, and satire.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ Of course, the AP has put out a statement, basically mimicking the one it put out last year, saying that the icopyright stuff is not intended for bloggers .- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ Australia, for instance, recently went to Life+70 like most of Europe is, while Canada is still Life+50.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
.^ For a more developed listing of copyright related organizations and advocacy groups, please see the Related Organizations and Agencies Web page.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ Functional Public Domains For some people, every work, whether it be in copyright or not, functions as if it were in a public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Inevitably, the work of defining the public domain .- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ But at its core the public domain is not a place at all; to some people it is just the legal status of individual works that are no longer in copyright or that cannot be in copyright, to others it is a guarantee of rights no longer reserved for the benefit of creators.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ The Copyright Term Extension is an attempt to forestall works from entering the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Now, under the Sony Bono Copyright Term Extension Act, works that would have become public property now have an additional twenty years to wait until they fall into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ Copyright duration: Duration, term extension, the European Union, and the making of copyright policy.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ The dead poets society: The copyright term and the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
United States law
.^ United States law .- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ In the United States, copyright law has changed several times since the founding of the country.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Also, works of the United States Government are excluded from copyright law.- Los Angeles Lawyer - Public Domain 15 January 2010 7:24 UTC www.danataschner.com [Source type: Original source]
Although it is held under
Feist v. . that Congress does not have the power to re-copyright works that have fallen into the public domain, re-copyrighting has happened: "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."
^ There are many public domains.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ That's right, they're almost all public domain works.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
[8]
.^ As a work of the U.S. federal government, the image is in the public domain.
^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ As works of the U.S. federal government, these images are in the public domain.
[9] .^ A second piece of data comes to us thanks to a recent report commissioned by the Library of Congress on reissues of sound recordings in the United States (Brooks 2005).- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
.^ Works created by local and state governments are still protected by copyright.- HOW TO: Use Public Domain Content 15 January 2010 7:24 UTC mashable.com [Source type: General]
^ Section 7 governs works not copyrightable.- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Orphan Works- works still presumably under copyright, where the owner cannot be found- probably comprise the majority of the record of 20th century culture.- Center for the Study of the Public Domain 15 January 2010 7:24 UTC www.law.duke.edu [Source type: FILTERED WITH BAYES]
.^ Digital information, digital networks, and the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ The public domain in copyright law .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Professor Samuels and some others have suggested that no matter how we may struggle, in the end the public domain is whatever intellectual property is not.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
.^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Now, under the Sony Bono Copyright Term Extension Act, works that would have become public property now have an additional twenty years to wait until they fall into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Professor Samuels and some others have suggested that no matter how we may struggle, in the end the public domain is whatever intellectual property is not.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
[10]
Since 1978
A work that is created (i.e. fixed in tangible form for the first time) after January 1, 1978, is automatically protected from the moment of its creation and is given a term lasting for the author’s life, plus an additional 70 years after the author’s death.
.^ From whence come the resources needed to decide whether 10,000 or, in our case the 400,000 or more works offered to us, indeed, are in the public domain?- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ In the case of works of art, the problems become more difficult because art is both "incorporeal" and "tangible."- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ However, since it was recently extended from Life+50 to Life+70, I believe there are authors whose works are public domain who died less than seventy years ago, just to make things more complicated.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
.^ But at its core the public domain is not a place at all; to some people it is just the legal status of individual works that are no longer in copyright or that cannot be in copyright, to others it is a guarantee of rights no longer reserved for the benefit of creators.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Now, under the Sony Bono Copyright Term Extension Act, works that would have become public property now have an additional twenty years to wait until they fall into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ After several hundred years copyright infringement, which involves only comparison of dimensional self-described works, is still a mystery .- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
.^ What is the status of unpublished works created before copyright existed?- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Before 1978, unpublished works were not covered by the federal copyright act.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Copyright protection of works created before 1978 began at publication 2 .- MCCCD Legal Services Department - Copyright Guidelines - Public Domain Works 15 January 2010 7:24 UTC www.maricopa.edu [Source type: FILTERED WITH BAYES]
.^ The essential commons of information that is not covered by copyright.- The Public Domain Charter 15 January 2010 7:24 UTC www.slideshare.net [Source type: FILTERED WITH BAYES]
^ NOT protected under US copyright law.- Public Domain Reports 15 January 2010 7:24 UTC publicdomainreports.net [Source type: General]
- Power-Packed Public Domain Reports - TEN of Them in All! 15 January 2010 7:24 UTC niches2riches.com [Source type: General]
- Public Domain Profits 15 January 2010 7:24 UTC publicdomainrevealed.com [Source type: General]
- Discover public domain music, software, photo's, images to sell for big profits. 15 January 2010 7:24 UTC www.publicdomainpublisher.com [Source type: General]
- Public Domain Profits - Profiting from Public Domain Information 15 January 2010 7:24 UTC www.publicdomaincash.com [Source type: General]
- The Public Domain Report 15 January 2010 7:24 UTC www.about-secrets.com [Source type: General]
- The Public Domain Reports that Bring Money 15 January 2010 7:24 UTC www.anownsite.com [Source type: General]
^ Rather, it means that they were covered under (perpetual) state copyright law.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
The
Copyright Act of 1976, effective 1978, abolished common law copyright in the United States so that all works, published or unpublished, are now covered by federal statutory copyright, with the exception of sound recordings fixed before February 15, 1972.
[11] .^ Copyright is life of the author plus 70 years or December 31, 2047, whichever is greater.- The Lowdown on Public Domain - LegalZoom.com 15 January 2010 7:24 UTC www.legalzoom.com [Source type: FILTERED WITH BAYES]
^ The claim that "pre-1923 works are safe" is only correct for published works; unpublished works are under federal copyright for at least the life of the author plus seventy years.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ Joint Authors - life of longest surviving author plus 70 years.- The Public Domain and the Impact of New Legislation 15 January 2010 7:24 UTC www.publaw.com [Source type: Original source]
.^ Works made by or for corporations (referred to as "works made for hire") got 95 years.- FindLaw's Writ - Sprigman: The Mouse That Ate The Public Domain 15 January 2010 7:24 UTC writ.news.findlaw.com [Source type: Original source]
^ If I create a derivative work of a work in which copyright subsists, then I have copyright in the derivative work, even though it is also an infringing work.- Can You Re-Copyright Photos In The Public Domain? | Techdirt 15 January 2010 7:24 UTC techdirt.com [Source type: General]
^ But why should that work be used to create a perpetual copyright for something in the public domain?!- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
[12] If the work was created before 1978 but first published 1978–2002, the federal copyright will not expire before 2047.
.^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ Clavecin Licensing: I, Clavecin , the copyright holder of this work, hereby release it into the public domain.
^ I, Simm the copyright holder of this work, hereby release it into the public domain.
.^ When work is fixed in tangible medium of expression .- State College Area School District | Libraries 15 January 2010 7:24 UTC www.scasd.org [Source type: FILTERED WITH BAYES]
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
[13]
1964 to 1977
.^ Published 1923-1963 and the copyright was renewed in the 28th year after publication.
^ The copyrights for many works were not renewed.
^ Published works today need no renewals to enjoy a 95 year term.- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
Before 1964
.^ Was the copyright renewed in the 28th year following the publication of the original?- Copyright and Public Domain - Librivox Wiki 15 January 2010 7:24 UTC wiki.librivox.org [Source type: FILTERED WITH BAYES]
^ I'm using the card to illustrate the possibilities of works that had no copyright notice, and also of works that had a notice, but did not get renewed in their 28th year.- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
^ First, if the work was published in the US during the years 1923 through 1963, the copyright had to be renewed 28 years later or the work entered the public domain.
[14]
.^ It could have been published before copyright existed .
^ Works published 1923-1963 in the United States whose copyright was not renewed are in the public domain.- Finding Public Domain Texts, Images and Music - Lawrence University 15 January 2010 7:24 UTC www.lawrence.edu [Source type: FILTERED WITH BAYES]
^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
[15]
Sound recordings
.^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ What is entering the public domain in the United States?- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
^ This United States Congress image is in the public domain.
.^ Recent changes in the duration of copyright in the United States and the European Union: Procedure and policy.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ "Copyleft" is a scheme by which individuals keep copyright but dedicate works for free unencumbered use within stated limits.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Fair use of copyrighted images varies from country to country, but in most common-law nations fair use includes commentary, criticism, parody, and satire.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
.^ Pre-1978 distribution of recordings containing musical compositions, copyright term extension, and copyright per program licenses .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Fair use of copyrighted images varies from country to country, but in most common-law nations fair use includes commentary, criticism, parody, and satire.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ It is a common expression, and not everybody uses it in the manner I describe; nonetheless, its use establishes a hierarchical relationship between the state of being under copyright and not being under copyright.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
[11][17] .^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This United States Congress image is in the public domain.
^ That's right, they're almost all public domain works.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
.^ While the song Ride of the Valkyries is public domain, each individual recording of it is covered by copyright.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ Works published before 1923 are now in the public domain In the United States, This inage is also in the public domain in countries that figure copyright from the date of death of the artist (post mortem auctoris in thi case Louis Agassiz Fuertes (1874 – 1927) and that most commonly runs for a period of 50 to 70 years from that date.
^ As I envisioned my project, the public domain would be pressed into service beyond its accustomed role.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
[21] .^ This applies to the United States, where Works published prior to 1978 were copyright protected for a maximum of 75 years.
[22] .^ No revision to the Copyright Act would be required, in our view.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
[23]
British law
.^ For a government to take works from the public domain by establishing copyright, for instance it must have claimed (by implication, if necessary) the domain in the name of government.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ NOAA Photo Library Generally speaking, works created by U.S. Government employees are not eligible for copyright protection in the United States.
^ Generally speaking, works created by U.S. Government employees are not eligible for copyright protection in the United States.
.^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ If they were not so renewed they would lose copyright and would be in the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ The public domain in copyright law .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ Joint Authors - life of longest surviving author plus 70 years.- The Public Domain and the Impact of New Legislation 15 January 2010 7:24 UTC www.publaw.com [Source type: Original source]
^ Consequently, its copyright expiry times are still life of the author plus 50 years.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ Life plus 70 years is a long time, yes?- Is It In the Public Domain? Learn How to Tell. 15 January 2010 7:24 UTC www.squidoo.com [Source type: General]
.^ The documents are public domain, and people can do whatever they want with the documents once they have them.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ If they were not so renewed they would lose copyright and would be in the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ I think there might be a way to move more work into the public domain, not in 50 years ....- reclaiming the public domain (Lessig Blog) 15 January 2010 7:24 UTC www.lessig.org [Source type: Original source]
^ This work is licensed under a Creative Commons License .- Public Domain Art in an Age of Easier Mechanical Reproducibility 15 January 2010 7:24 UTC www.dlib.org [Source type: FILTERED WITH BAYES]
^ But why should that work be used to create a perpetual copyright for something in the public domain?!- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
.^ Defending the public domain in copyright law: A tactical approach.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Public but private: Copyright’s new unpublished public domain.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ If a work is accepted as public domain, we must also document why it was accepted.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ In fact, when considering the case of works subject to copyright we can be certain that, at least in present circumstances, the production effects of privatizing the public domain would be negative.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
^ For a government to take works from the public domain by establishing copyright, for instance it must have claimed (by implication, if necessary) the domain in the name of government.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ After all, if copyright law hadn't been changed and copyright extended greatly, Steinbeck's works would be in the public domain by now (actually, quite some time ago).- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
Laws of Canada, Australia, and other Commonwealth nations
.^ These numbers reflect the most recent extensions of copyright in the United States and Europe.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
- Los Angeles Lawyer - Public Domain 15 January 2010 7:24 UTC www.danataschner.com [Source type: Original source]
^ In 1968, United States copyright law required a proper notice for a work to maintain a copyright.- Top 10 Public Domain Horror Movies - Listverse 15 January 2010 7:24 UTC listverse.com [Source type: General]
^ Pace the United States which has recently (1998) introduced, via a judicial decision, monopoly protection for everything 'under the sun, made by man'.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
.^ Whole industries which neither existed nor were imagined fifty, and possibly even twenty, years ago have grown up which exploit these new-found possibilities.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
.^ Consequently, their copyright expiry times are still life of the author plus 50 years.- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
- Los Angeles Lawyer - Public Domain 15 January 2010 7:24 UTC www.danataschner.com [Source type: Original source]
^ Consequently, its copyright expiry times are still life of the author plus 50 years.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ If name of author disclosed to Copyright Office than life of author plus 70 years.- The Public Domain and the Impact of New Legislation 15 January 2010 7:24 UTC www.publaw.com [Source type: Original source]
.^ Australia passed a 20-year copyright extension in 2004, but delayed its effect until 2005, and did not make it revive already-expired copyrights.
^ Australia passed a 20-year copyright extension in 2004 , but delayed its effect until 2005 , and did not make it revive already-expired copyrights.- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Canada and Australia have not, as of 2004, passed similar twenty-year extensions.- Los Angeles Lawyer - Public Domain 15 January 2010 7:24 UTC www.danataschner.com [Source type: Original source]
.^ This does not mean that the works were in the public domain.
^ Because the works are in the public domain.- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
^ Types of works in the Public Domain.
.^ To amend title 17, United States Code, to allow abandoned copyrighted works to enter the public domain after 50 years.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Alexisrael / Modified version: Bella B. Licensing Public domain, I, Alexisrael the copyright holder of this work, hereby release it into the public domain.
.^ After all, if copyright law hadn't been changed and copyright extended greatly, Steinbeck's works would be in the public domain by now (actually, quite some time ago).- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ While the common wisdom is that the copyright is owned by Time Warner, there's a lot of evidence that this is not the case at all, and the song is in the public domain.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ This isn't the first time we've seen bookstores DRM up and claim copyright over public domain works .- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
Photographs taken before 1955 are now out of copyright in Australia.
[24]
Thai law
.^ Joint Authors - life of longest surviving author plus 70 years.- The Public Domain and the Impact of New Legislation 15 January 2010 7:24 UTC www.publaw.com [Source type: Original source]
^ Consequently, its copyright expiry times are still life of the author plus 50 years.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ Consequently, their copyright expiry times are still life of the author plus 50 years.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
- Los Angeles Lawyer - Public Domain 15 January 2010 7:24 UTC www.danataschner.com [Source type: Original source]
[25] .^ But, because the public domain is not a legally sanctioned entity, public domain status can only inferred.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Now, under the Sony Bono Copyright Term Extension Act, works that would have become public property now have an additional twenty years to wait until they fall into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ Inevitably, the work of defining the public domain .- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ Pre-1978 distribution of recordings containing musical compositions, copyright term extension, and copyright per program licenses .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Now, under the Sony Bono Copyright Term Extension Act, works that would have become public property now have an additional twenty years to wait until they fall into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
[26] .^ Republication of works after the expiration of the copyright term does not reset the copyright term.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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 the EU harmonization was based on the copyright term in Germany, which had already been extended to life plus 70.- Los Angeles Lawyer - Public Domain 15 January 2010 7:24 UTC www.danataschner.com [Source type: Original source]
^ Works of applied art (defined as drawings, paintings, sculpture, prints, architecture, photography, drafts, and models) have a copyright term of 25 years from publication.
.^ Government documents are not covered by copyright, and the photos clearly should be public domain.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ As a work of the U.S. federal government, the image is in the public domain.
[28]
Japanese law
.^ Defending the public domain in copyright law: A tactical approach.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ The public domain in copyright law .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Does the public have rights to the public domain in the same way a copyright owner owns rights to a piece of intellectual property?- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ There are many public domains.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ New rules for using public domain materials .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ Public domain royalty free copyright free high resolution images stock photos and clipart free for commercial use.
^ "Copyleft" is a scheme by which individuals keep copyright but dedicate works for free unencumbered use within stated limits.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ It lacks the private property element granted under copyright in that there is no legal right to exclude others from enjoying it and is 'free as the air to common use.'"- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
.^ There are many public domains.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ In fact, when considering the case of works subject to copyright we can be certain that, at least in present circumstances, the production effects of privatizing the public domain would be negative.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
^ January 1st of each year should be National Public Domain Day, when many different creative works enter the public domain, where they can be made useful.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
[29]
Other nations
.^ Recognizing the public domain.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ It will be enough if recognizing the public domain brings us to that end.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
[30] .^ So, they recognize that the works are in the public domain...- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ As a work of the U.S. federal government, the image is in the public domain.
^ As works of the U.S. federal government, these images are in the public domain.
.^ NOAA Photo Library Generally speaking, works created by U.S. Government employees are not eligible for copyright protection in the United States.
^ This applies to the United States, where Works published prior to 1978 were copyright protected for a maximum of 75 years.
^ United States database legislation may award a continually renewing copyright to databases that are constantly revised.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
[33]
Examples
.^ This United States Congress image is in the public domain.
^ Clavecin Licensing: I, Clavecin , the copyright holder of this work, hereby release it into the public domain.
^ Filed Under: copyright , public domain , roraschach test , wikipedia .- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
However in 1993, Republic Pictures utilized the 1990
United States Supreme Court ruling in
Stewart v. . to enforce its claim of copyright because the film was a
derivative work of a short story that was under a separate, existing copyright, to which Republic owned the film adaptation rights, effectively regaining control of the work in its complete form.
^ The moral of the story is clear: asserting monopoly rights in a new work either via patent or copyright is not the only – or even necessarily the best – way to gain returns from it.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
^ With the introduction of formal monopoly rights such as patents and copyrights during the sixteenth and seventeenth century there was now a halfway house of sorts whereby the monopoly (and the associated profits) of secrecy was combined with openness in the form of the disclosure of the work.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
^ This work is in the public domain in the United States because it is a work of the United States Federal Government under the terms of Title 17, Chapter 1, Section 105 of the US Code.
[34]
.^ Filed Under: copyright , public domain , roraschach test , wikipedia .- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Filed Under: copyright , public domain , ray bradbury .- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
[35]
.^ Clavecin Licensing: I, Clavecin , the copyright holder of this work, hereby release it into the public domain.
^ I, Simm the copyright holder of this work, hereby release it into the public domain.
^ Licensing: Public domain I Alexisrael , the copyright holder of this work, hereby release it into the public domain.
[36] .^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ The public domain in copyright law .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Now, under the Sony Bono Copyright Term Extension Act, works that would have become public property now have an additional twenty years to wait until they fall into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
[37]
.^ It may be helpful to print this chart showing when works expire into the public domain.- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
^ This does not mean that the works were in the public domain.
^ Some items are never allowed to mature into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ It would extend as well, and as fully, to species of infringement recognized under other doctrines, including the right of publicity, trademarks, misappropriation in unfair competition, trade secrets, ideas, and even patents.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ Acts 22:23-29 (King James).- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ It is a useful way to accommodate the fourth factor under Section 107 of the Copyright Act.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
.^ Some items are never allowed to mature into the public domain.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ The impetus to use this metaphor is natural, and follows easily from the language commonly used to define it: "to fall into the public domain;" "to search the public domain."- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
[citation needed]
Disclaimer of interest
.^ Making the public domain public.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ What is entering the public domain in the United States?- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
.^ It includes the contents of the traditional public domain such as works originally subject to monopoly protection but where the protection has expired, for example Shakespeare's plays which were once subject to copyright, as well as items never subject to protection, for example the theory of relativity.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
^ Copyright is not one of the "unalienable" rights addressed in the Declaration of Independence , but it is quite clear that government must create and therefore must manage other rights in behalf of the governed the public.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ Under the second approach we would need to imagine a world in which Shakespeare's work was still covered by copyright and to subtract the value generated in that situation from that obtained in the first.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
.^ Under the second approach we would need to imagine a world in which Shakespeare's work was still covered by copyright and to subtract the value generated in that situation from that obtained in the first.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
^ Fromoldbooks.org -- Just what it sounds like -- high-quality scans from old books, all out of copyright.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
.^ The impetus to use this metaphor is natural, and follows easily from the language commonly used to define it: "to fall into the public domain;" "to search the public domain."- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ As I envisioned my project, the public domain would be pressed into service beyond its accustomed role.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ Earlier today we learned about schemes employed by holders of works now in the public domain to prevent the public from obtaining access to this property in effect, by creating miniature monopoly stakes in the distribution and licensing of images.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
.^ 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).- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ With publication came a limited term of exclusive copyright rights.- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
^ Pre-1978 distribution of recordings containing musical compositions, copyright term extension, and copyright per program licenses .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ There are many public domains.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ Any holder of a copyright can release it to the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ At least for Germany there is no such concept as "public domain".- qmail released into the public domain [LWN.net] 15 January 2010 7:24 UTC lwn.net [Source type: Original source]
Another example would be
Charles Darwin's
theory of evolution.
.^ Being an abstract idea it has therefore never been patentable.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
After Darwin constructed his theory, he did not disclose it for over a decade (see
Development of Darwin's theory).
.^ What is entering the public domain in the United States?- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
^ A domain name never enters public domain.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ Not a single published work is entering the public domain this year.- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
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).
Copyright
.^ Clavecin Licensing: I, Clavecin , the copyright holder of this work, hereby release it into the public domain.
^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ I, Simm the copyright holder of this work, hereby release it into the public domain.
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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ You can profit from all types of works that were published in the U.S. and now have expired copyrights.
^ In fact, when considering the case of works subject to copyright we can be certain that, at least in present circumstances, the production effects of privatizing the public domain would be negative.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
.^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Because the works are in the public domain.- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
^ Where to go to check if a work is in the public domain .
.^ Copyright in this work is hereby disclaimed and abandoned.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ What is entering the public domain in the United States?- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
.^ Because the works are in the public domain.- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
^ Also, Creative Commons do have a public domain dedication.- Putting photos into public domain 15 January 2010 7:24 UTC scobleizer.com [Source type: General]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
(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
.^ HOW MANY works there are in the Public Domain?
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Because the works are in the public domain.- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
.^ 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).- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ The first reference is actually in a statute passed by Congress, in the Computer Software Rental Amendments Act of 1990 (Public Law 101650, 104 Stat.
^ I suggested as much (albeit with reservations and some hedging) in testimony before Congress in 1984, in connection with hearings on the Record Rental Amendment.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
5089 (1990)).
.^ There are many public domains.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ Public Domain Enhancement Act reintroduced .- Public Domain Enhancement Act reintroduced [LWN.net] 15 January 2010 7:24 UTC lwn.net [Source type: Original source]
^ 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. 805. 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.
.^ This United States Congress image is in the public domain.
^ To amend title 17, United States Code, to allow abandoned copyrighted works to enter the public domain after 50 years.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This image (or other media file) is in the public domain because its copyright has expired.
.^ Making the public domain public.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This image has been (or is hereby) released into the public domain by its author, Eklektekuria at the English Wikipedia project.
.^ This could have the effect of "certifying" that the author intended to release the software into the public domain.
^ Any holder of a copyright can release it to the public domain.
^ NOT need a release of your subject to put them into public domain.- Putting photos into public domain 15 January 2010 7:24 UTC scobleizer.com [Source type: General]
.^ This does not mean that the works were in the public domain.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ What is entering the public domain in the United States?- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
^ This could have the effect of "certifying" that the author intended to release the software into the public domain.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
Judicial rulings supports this conclusion, see below.
.^ In the public domain (But see first special case below) .- Copyright Term and the Public Domain in the United States 15 January 2010 7:24 UTC copyright.cornell.edu [Source type: Original source]
^ By comparing paragraph (a) and (c), one can see that Congress distinguishes "public domain" shareware as a special kind of shareware.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ See OKFN's public domain database .- public domain | Free Government Information (FGI) 15 January 2010 7:24 UTC freegovinfo.info [Source type: FILTERED WITH BAYES]
.^ The Copyright Term Extension Act of 1988: An Economic Analysis .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ Therefore, one reasonable inference is that Congress intended that authors of shareware would have the power to release their programs into the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ This could have the effect of "certifying" that the author intended to release the software into the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Any holder of a copyright can release it to the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
This interpretation is followed by the Copyright Office in
37 C.F.R. § 201.26.
Berne Convention Implementation Act
.^ Main article: Berne Convention for the Protection of Literary and Artistic Works 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."- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ The congressional committee report explains that this means simply that the Act does not apply retroactively.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Footnote 87, Draft Judiciary Committee Report of the Patent Reform Act of 2007.- Patents and the Public Domain: Improving Patent Quality Upon Reexamination | Electronic Frontier Foundation 15 January 2010 7:24 UTC www.eff.org [Source type: FILTERED WITH BAYES]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ But why should that work be used to create a perpetual copyright for something in the public domain?!- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
^ Does the public have rights to the public domain in the same way a copyright owner owns rights to a piece of intellectual property?- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ I know I’ve mentioned it before, but the Internet is truly becoming a resource for all of us, regardless of place of residence or the language we speak.- Public Domain 15 January 2010 7:24 UTC www.cirablog.ca [Source type: General]
.^ This does not mean that the works were in the public domain.
^ Take a look at the Public Domain Chart .- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
^ Because the works are in the public domain.- The Right to Display Public Domain Images: Copyright and fair use,Bridgeman vs Corel, museums vs the public, etc 15 January 2010 7:24 UTC englishhistory.net [Source type: Original source]
Section 203 of the Copyright Act
.^ Public domain and collective rights in culture.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Defending the public domain in copyright law: A tactical approach.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Clavecin Licensing: I, Clavecin , the copyright holder of this work, hereby release it into the public domain.
[40]
.^ Also, Creative Commons do have a public domain dedication.- Putting photos into public domain 15 January 2010 7:24 UTC scobleizer.com [Source type: General]
^ How to find works in the public domain .
^ It is unsettled how this section would mesh with a purported public domain dedication.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
Any of these interpretations are possible:
- No effect. .^ Any holder of a copyright can release it to the public domain.
- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Clavecin Licensing: I, Clavecin , the copyright holder of this work, hereby release it into the public domain.
^ "I, the copyright holder of this work, hereby release it into 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ But this still wouldn't be a copyright claim and the DMCA takedown would be the wrong vehicle to enforce any supposed violation of the LunaGirl site's terms of service.- Can You Re-Copyright Photos In The Public Domain? | Techdirt 15 January 2010 7:24 UTC techdirt.com [Source type: General]
^ Now you would think that if your LIFE depends on something THIS important to help you survive and succeed then it probably HAS to be expensive, right?
.^ Where do you find public domain books?- Is It In the Public Domain? Learn How to Tell. 15 January 2010 7:24 UTC www.squidoo.com [Source type: General]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Any holder of a copyright can release it to the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ Because the Captain America case (Marvel v.
^ Because the Captain America case ( Marvel v.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.
- Some effect.^ Simon) showed that this termination right cannot be alienated before death, this interpretation is almost certainly wrong.
^ This is almost certainly wrong for some jurisdictions and for some types of work.- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
^ Simon ) showed that this termination right cannot be alienated before death, this interpretation is almost certainly wrong.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
.^ It may be helpful to print this chart showing when works expire into the public domain.- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ This could have the effect of "certifying" that the author intended to release the software into the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ In the United States, as in most of the world, copyright lasts for the author’s lifetime, plus another 70 years.- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
.
- Strong effect.^ NOT protected under US copyright law.
^ Such a license would grant permission for all of the acts which are restricted by copyright law.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ What we are seeing is the use of contract law to obtain rights not granted by copyright.- public domain | Free Government Information (FGI) 15 January 2010 7:24 UTC freegovinfo.info [Source type: FILTERED WITH BAYES]
.^ Only then will we regain a schedule of one year's work expiring into the public domain each year.- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
^ This does not mean that the works were in the public domain.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ The public domain status of U.S. government works applies only in the U.S. .- Copyright Term and the Public Domain in the United States 15 January 2010 7:24 UTC copyright.cornell.edu [Source type: Original source]
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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ I guess this would be a good reason for authors to transfer copyright to some organization like EFF, who could then decide (and manage) if a given project's copyrights should be extended.- Public Domain Enhancement Act reintroduced [LWN.net] 15 January 2010 7:24 UTC lwn.net [Source type: Original source]
^ The exception seems to be a 'collection' as the combination of the individual components warrants copyright for some reason, even if the individual elements are public domain.- Can You Re-Copyright Photos In The Public Domain? | Techdirt 15 January 2010 7:24 UTC techdirt.com [Source type: General]
.^ In this case, it discusses the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ I had already been educating myself about the Public Domain and the Feist vs Rural Telephone company case and thought that my core data needed to be in the Public Domain.- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
^ The combined effect of this evidence, tentative though some of it still is, makes a strong qualitative case for the commercial as well as social value of this 'broad' public domain.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
- (c) Elements Taken from the Public Domain
- Closely related to the non-protectability of scenes a faire, is material found in the public domain. .^ If I create a derivative work of a work in which copyright subsists, then I have copyright in the derivative work, even though it is also an infringing work.
- Can You Re-Copyright Photos In The Public Domain? | Techdirt 15 January 2010 7:24 UTC techdirt.com [Source type: General]
^ Copyright-free derivative works?- Can You Re-Copyright Photos In The Public Domain? | Techdirt 15 January 2010 7:24 UTC techdirt.com [Source type: General]
^ Such material is free for the taking and cannot be appropriated by a single author even though it is included in a copyrighted work.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
... .^ What is entering the public domain in the United States?- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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."- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ See 3 Nimmer Section 13.03 [F] ; see also Brown Bag Software, slip op.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
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.
.^ A crusade in the public domain: The Dastar Decision.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ What is entering the public domain in the United States?- Open Knowledge Foundation Blog » Public Domain 15 January 2010 7:24 UTC blog.okfn.org [Source type: FILTERED WITH BAYES]
^ A domain name never enters public domain.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
.^ A crusade in the public domain: The Dastar Decision.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ The public domain status of U.S. government works applies only in the U.S. .- Copyright Term and the Public Domain in the United States 15 January 2010 7:24 UTC copyright.cornell.edu [Source type: Original source]
.^ 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.
^ 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.- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ It’s not often that authors are confident enough in their ability to generate new content to make a move like this.- The Simple Dollar » Welcome to the Public Domain 15 January 2010 7:24 UTC www.thesimpledollar.com [Source type: General]
.^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ As the owner to my 10 POWER-PACKED Public Domain Reports!- Discover public domain music, software, photo's, images to sell for big profits. 15 January 2010 7:24 UTC www.publicdomainpublisher.com [Source type: General]
^ Therefore, one reasonable inference is that Congress intended that authors of shareware would have the power to release their programs into the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ Take a look at the Public Domain Chart .- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
^ Looking for public domain maps?- Is It In the Public Domain? Learn How to Tell. 15 January 2010 7:24 UTC www.squidoo.com [Source type: General]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ Released weekly, I read pieces chosen from the public domain.- Is It In the Public Domain? Learn How to Tell. 15 January 2010 7:24 UTC www.squidoo.com [Source type: General]
^ Any holder of a copyright can release it to the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
Treatise analysis
The treatise cited
[41] 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.
- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ A robot is a computer program that automatically gathers and categorizes information on the Internet and allows users to promptly access any area of information with a single click.- IBLS E-Books - Internet Search - Public Domain v. IP Rights 15 January 2010 7:24 UTC www.ibls.com [Source type: FILTERED WITH BAYES]
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.
.^ When works pass into the public domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Why the public domain is not just a Mickey Mouse issue .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Special Issue: The Public Domain .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
.^ Where do you find public domain books?- Is It In the Public Domain? Learn How to Tell. 15 January 2010 7:24 UTC www.squidoo.com [Source type: General]
^ It may be helpful to print this chart showing when works expire into the public domain.- Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com 15 January 2010 7:24 UTC www.llrx.com [Source type: FILTERED WITH BAYES]
^ Remember the example of what selling public domain works on the internet I described above?
.^ (Nimmer is the treatise most widely cited in copyright opinions, and is generally authoritative.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ The treatise cited (Nimmer), holds in its most recent edition: .- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ As with most other Commonwealth of Nations countries, Canada and Australia follow the general lead of the United Kingdom on copyright of government works.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
)
Patent
.^ On the other hand, unlike many of the sites listed above, Indymedia's photographs are generally illustrating newsworthy current events that we might be discussing here on Daily Kos.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ When I was testing the DNS I was just using the other domain controllers > > machine name.- http://www.microsoft.com/communities/newsgroups/list/en-us/default.aspx?dg=microsoft.public.win2000.active_directory&tid=c4f66642-05a4-45e7-b79a-08c86c00e94d&mid=e9a5a72b-3c6d-49b9-be78-446904fc15a5&cat=&lang=&cr=&sloc=&p=9 15 January 2010 7:24 UTC www.microsoft.com [Source type: FILTERED WITH BAYES]
^ (Other outlets do similar things with similar pix released to the public domain.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
.^ For example, a chemistry journal publishing a formula prevents patenting the formula by anyone.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ With regards 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.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ 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.- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
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.)
.^ When you're ready to make your own Valentine card, these five romantic Valentine Graphics will surely come in handy.- Site Map of Public Domain Images on Karen's Whimsy 15 January 2010 7:24 UTC karenswhimsy.com [Source type: General]
^ Here are five adorable children and one dove ready to make a special delivery of Valentines Day Clipart to someone special.- Site Map of Public Domain Images on Karen's Whimsy 15 January 2010 7:24 UTC karenswhimsy.com [Source type: General]
.^ 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).- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Of course I trust her father to protect her from someone who is acting "weird" the same way I would protect her in the ladies room if someone was being inappropriate in there.- Why are Women's Bodies Public Domain? | BlogHer 15 January 2010 7:24 UTC www.blogher.com [Source type: General]
^ New inventions can be registered and granted patents restricting others from using them without permission from the inventor.
.^ 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.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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 (i.e., its life plus statute of limitions).- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ 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).- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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 (i.e., its life plus statute of limitions).- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ 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).- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ Once a patent is issued, it is very expensive to invalidate.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Inter partes and ex parte reexamination are only two of the current ways to improve patent quality once a patent has been issued.- Patents and the Public Domain: Improving Patent Quality Upon Reexamination | Electronic Frontier Foundation 15 January 2010 7:24 UTC www.eff.org [Source type: FILTERED WITH BAYES]
^ Once a patent is issued, a reexamination request can be used to improve patent quality upon second review.- Patents and the Public Domain: Improving Patent Quality Upon Reexamination | Electronic Frontier Foundation 15 January 2010 7:24 UTC www.eff.org [Source type: FILTERED WITH BAYES]
.^ This does not mean that the works were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Any holder of a copyright can release it to the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ This public domain is very large.- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
.^ 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 (i.e., its life plus statute of limitions).- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ 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).- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ An applicant may also choose to file a United States Statutory Invention Registration|Statutory Invention Registration, which has the same effect as a patent for prior art purposes.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
.^ This may result in loss of some or all of the patent protection of the invention, or it may backfire and actually strengthen the claims.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ This may result in loss of some or all of the patent on the invention, or it may backfire and actually strengthen the claims.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ This is calculated from the figures below that reveal in ex parte reexamination, sixty-four percent of patents have their claims narrowed and ten percent of patents have all their claims canceled since a patent's claims may not be broadened in ex parte reexamination.- Patents and the Public Domain: Improving Patent Quality Upon Reexamination | Electronic Frontier Foundation 15 January 2010 7:24 UTC www.eff.org [Source type: FILTERED WITH BAYES]
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.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ These are used strategically by large companies to prevent competitors from obtaining a patent.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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, or from using the information after the patent lapses.
^ 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, or from using the information after the patent lapses.- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ Section 102(c) says that an invention that has been "abandoned" cannot be patented.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Just as you cannot patent an obvious combination or improvement of prior inventions, you cannot claim new copyright in derivatives of works that have expired, or are otherwise in the public domain.- Can You Re-Copyright Photos In The Public Domain? | Techdirt 15 January 2010 7:24 UTC techdirt.com [Source type: General]
.^ There is precious little case-law on this point.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ If there is a barrister in the audience with a deeper understanding of the details of UK law, clarification on this point would be appreciated.- Wikimedia blog » Blog Archive » Protecting the public domain and sharing our cultural heritage 15 January 2010 7:24 UTC blog.wikimedia.org [Source type: Original source]
.^ It is largely a dead letter.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ There are many public domains.- Law & Contemporary Problems: David Lange, Reimagining the Public Domain, 66 Law & Contemp. Probs. 463 (WinterSpring 2003) 15 January 2010 7:24 UTC www.law.duke.edu [Source type: Original source]
^ Any holder of a copyright can release it to the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ (Other outlets do similar things with similar pix released to the public domain.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
.^ First, he can fail to pay the maintenance fee the next time it is due, about every four years.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Thus some way must be found to pay for or fund this first 'copy' and we may summarize the possibilities in four categories: .- Value Of The Public Domain 15 January 2010 7:24 UTC www.rufuspollock.org [Source type: FILTERED WITH BAYES]
^ These six Cartoon Turkey images will be great to have at Thanksgiving time next year.- Site Map of Public Domain Images on Karen's Whimsy 15 January 2010 7:24 UTC karenswhimsy.com [Source type: General]
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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ The following recommendations prioritize this consideration and emphasize approaches to increasing patent quality that minimize the impact of improvidently granted patents on the public domain.- Patents and the Public Domain: Improving Patent Quality Upon Reexamination | Electronic Frontier Foundation 15 January 2010 7:24 UTC www.eff.org [Source type: FILTERED WITH BAYES]
^ 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).- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ Such disclaimer is binding upon the grantee and its successors or assigns."- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ To supply the public with an efficient means to contest the validity of problem patents that may have been issued improperly, Congress created the process of reexamination.- Patents and the Public Domain: Improving Patent Quality Upon Reexamination | Electronic Frontier Foundation 15 January 2010 7:24 UTC www.eff.org [Source type: FILTERED WITH BAYES]
^ From these figures, the high rates of reexaminations resulting in all claims confirmed for patent owner requesters may be raising the overall ex parte rates of claim confirmation.- Patents and the Public Domain: Improving Patent Quality Upon Reexamination | Electronic Frontier Foundation 15 January 2010 7:24 UTC www.eff.org [Source type: FILTERED WITH BAYES]
Trade secret
If guarded properly,
trade secrets are forever. A business may keep the formula to
Coca-Cola a secret.
.^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ To amend title 17, United States Code, to allow abandoned copyrighted works to enter the public domain after 50 years.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ New rules for using public domain materials .- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
[42]
.^ If guarded properly, trade secrets are forever.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Some businesses choose to protect products, processes, and information by guarding them as trade secrets, rather than patenting them.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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, or from using the information after the patent lapses.
.^ These licenses typically have some minor conditions of use (such as requiring that credit be given to the photographer)."- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ These licenses typically have some minor conditions of use (such as requiring that credit be given to the photographer).- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
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. contract).
Trademark
.^ A trademark registration is renewable.
^ A trademark registration may be renewed and remain in force indefinitely provided the trademark is used, but could otherwise become generic .- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ A trademark registration is renewable.
^ Trademarks can be maintained indefinitely, but they can also lapse through disuse, negligence, or widespread misuse, and enter the public domain.
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.
.^ 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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ First, any potential mark can be deemed "generic" by a trademark registry, that refuses to register it.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ Copyright term and the public domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Copyright Term and the Public Domain in the United States.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ Provides a "Digital Copyright Slider" and a chart for "Copyright Term and the Public Domain in the United States."- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
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.- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Aspirin is an unusual case; Bayer, a German company, lost the trademark when it was seized by the Allies after World War I, and the trademark was resold to an American firm.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ Bayer lost the trademark after World War I, when the mark was sold to an American firm.
.^ Despite this -- and after more than thirty years of electronic scholarship -- the 1623 and three later folio editions, and all the quarto versions, of Shakespeare's plays and poems are still not available in un-copy-protected electronic texts on the network.
[43]
.^ Terms can be deemed "generic" in two ways.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ First, any potential mark can be deemed "generic" by a trademark registry, that refuses to register it.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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".- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ When a trademark becomes generic, it is as if the mark were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
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.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Although Hormel has resigned itself to genericide [4] , it still fights attempts by other companies to register "spam" as a trademark in relation to computer products [5] .- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ 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."
.^ An interesting philosophical issue is that a manufacturer who invents an amazing breakthrough product which cannot be succinctly described in plain English (for example, a vacuum-insulated drinking flask) will inevitably find its product described by the trademark ("Thermos").- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ 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").- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ If the product continues to dominate the market, eventually the trademark will become generic ("thermos").- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
.^ If the product continues to dominate the market, eventually the trademark will become generic ("thermos").- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ When a trademark becomes generic, it is as if it were in the public domain.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
^ 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."
.^ 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."
^ 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."- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ However, "genericide" is not an inevitable process.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
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 (such as Russian and Polish) and countries (like India and Brazil), it became generic).
Trademarks currently thought to be in danger of being generic include
iPod,
Jell-O,
Band-Aid,
Rollerblade,
Google,
Spam,
Hoover, and
Sheetrock.
.^ Google vigorously defends its trademark rights.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
Although
Hormel resigned itself to genericide,
[44] it has fought attempts by other companies to register "spam" as a trademark in relation to computer products.
[45]
.^ The public domain can also be defined in contrast to trademarks.
^ When a trademark becomes generic, it is as if the mark were in the public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ When a trademark becomes generic, it is as if it were in the public domain.- Public domain - BelieveTheSign 15 January 2010 7:24 UTC en.believethesign.com [Source type: Original source]
.^ CAUTION: There are instances where trademarks may be embedded in patents as part of the drawing, particularly for design patents.There are also instances where a portion of the text or drawings of a patent may be under copyright.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ Note that this link is only relevant if you're in the United States (which some of us aren't).- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ The USPTO will not assist in determining if a potential trademark issue or copyright issue exists for a particular patent.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
Domain name
.^ Now that Kos has cracked down on the use of copyrighted images, I think it might be useful to examine what public-domain image resources are available for our diarists.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ Or, does this require explicit permission -- even though the material does not have any form of asserted copyright?- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
.^ It is closer in nature to a trademark, in that a failure to maintain it makes it available for others to use (with different standards to maintain it from those for a trademark).- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
^ Support those archives with not only use of their content, but whatever other support they mention.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ After all, what better way to ‘promote the appreciation and understanding of portraiture in all media’ than to make those images available in a form that can be easily distributed on a global scale?- Wikimedia blog » Blog Archive » Protecting the public domain and sharing our cultural heritage 15 January 2010 7:24 UTC blog.wikimedia.org [Source type: Original source]
.^ If that were the case, there would be no public domain at all.- Can You Re-Copyright Photos In The Public Domain? | Techdirt 15 January 2010 7:24 UTC techdirt.com [Source type: General]
^ The material becomes public property.- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ If another party registers a lapsed domain name, it is no longer available to the public, as would be the case with former intellectual property which has become public domain.- Public Domain License 15 January 2010 7:24 UTC www.statesymbolsusa.org [Source type: Original source]
- Public domain - Includipedia, the inclusionist encyclopaedia 15 January 2010 7:24 UTC www.includipedia.com [Source type: Original source]
See also
References
Notes
- ^ Joren De Wachter. "The Return of the Public Domain". http://www.ipfrontline.com/printtemplate.asp?id=24019. Retrieved 1. Feb. 2010.
- ^ Kevin Kelly. Scan this Book!, New York Times, 14 May 2006.
- ^ Patentability of Mathematical Algorithms under US Manual of Patent Examining Procedure
- ^ USPTO Notice of Public Hearings and Request for Comments on Patent Protection for Software-Related Inventions 1994
- ^ Copyright Office Basics
- ^ http://en.wikisource.org/wiki/Veeck_v._Southern_Building_Code_Congress_Int'l,_Inc./Opinion_of_the_Court
- ^ Nimmer, Melville B., and David Nimmer (1997). Nimmer on Copyright, section 13.03(F)(4). Albany: Matthew Bender.
- ^ Testimony of Dorothy Schrader, general counsel of the U.S. copyright office, hearing for House Resolution 1623, serial 100/50.
- ^ 17 U.S.C. § ch1 Subject matter and scope of copyright
- ^ http://www.copyright.cornell.edu/public_domain/
- ^ a b An exception to the 1976 Copyright Act's general abolition of common law copyright. June M. Besek, "Copyright Issues Relevant to Digital Preservation and Dissemination of Pre-1972 Commercial Sound Recordings by Libraries and Archives", CLIR Reports, December 2005.
- ^ 17 U.S.C. § ch3 Duration of Copyright
- ^ Copyright Notice, U.S. Copyright Office Circular 3, 2008.
- ^ U.S. Copyright Office, Circular 15a, Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright Protection.
- ^ Stephen Fishman, The Public Domain, 4th ed., Nolo, 2008, p. 383–384. ISBN 9781413308587.
- ^ Sound Recordings Act of 1971.
- ^ Non-U.S. sound recordings fixed before February 15, 1972 are covered under U.S. copyright (for the normal durations) if the country of origin shares an international copyright agreement with the United States, and the work was not published in the U.S. within 30 days of its first publication. Robert Clarida, "Who Owns Pre-1972 Sound Recordings?", The Intellectual Property Strategist, November 13, 2000.
- ^ 17 U.S.C. § 301 Preemption with respect to other laws
- ^ Sound recordings fixed between February 15, 1972, and December 31, 1972, but not published or registered before 2003, whose authors, not working for hire, died in 1972.
- ^ Sound recordings fixed on or after February 15, 1972, and first published 1978–2002, whose authors, not working for hire, died before 1978. § 303. Duration of copyright: Works created but not published or copyrighted before January 1, 1978, Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, U.S. Copyright Office Circular 92.
- ^ Public Law 92-140 (October 15, 1971).
- ^ § 405. Notice of copyright: Omission of notice on certain copies and phonorecords, Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code (U.S. Copyright Office Circular 92).
- ^ Copyright Notice, U.S. Copyright Office Circular 3, 2008, p. 1.
- ^ [1]
- ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B.E. 2537 (1994 A.D.), from Wikisource, in Thai. Section 4 governs copyright expiration terms
- ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B.E. 2537 (1994 A.D.), from Wikisource, in Thai. Section 4, Article 22 states the copyright term for applied art works
- ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B.E. 2537 (1994 A.D.), from Wikisource, in Thai. Article 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.
- ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B.E. 2537 (1994 A.D.), from Wikisource, in Thai. Article 14 states that any government office receives a copyright on creative works produced by it or produced for it under contract, unless other arrangements regarding copyright have been previously agreed to by those involved.
- ^ "Paramount — Japanese court rules pre-1953 movies in public domain". December 7, 2006. http://www.contactmusic.com/news.nsf/article/japanese%20court%20rules%20pre-1953%20movies%20in%20public%20domain_1002318. Retrieved November 1, 2007.
- ^ [2]
- ^ [3]
- ^ [4]
- ^ [http://www.copyright.gov/circs/circ38a.html
- ^ James Bates, "Company Town Yule With Less 'Wonderful Life'? Tune In", Los Angeles Times, November 23, 1993, p. D4.
- ^ Film Superlist: Motion Pictures in the US Public Domain. Created by Walter E. Hurst; updated edition by D. Richard Baer. Hollywood Film Archive, 1992–94.
- ^ George Romero talks about Land of the Dead, About.com, June 21, 2005.
- ^ "Omission of notice", Copyright Notice, US Copyright Office Circular 3, January 2008.
- ^ (Coogan & Metzger 1993, p. 618)
- ^ "Copyright, Designs and Patents Act 1988 (c. 48)". Office of Public Sector Information. 1988. p. 28. http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_28.htm. Retrieved September 2, 2008.
- ^ "§ 203. Termination of transfers and licenses granted by the author". U.S. Copyright Office — Copyright Law: Chapter 2. http://www.copyright.gov/title17/92chap2.html#203. Retrieved September 2, 2008.
- ^ Nimmer, Melville B., and David Nimmer (1997). Nimmer on Copyright. Albany: Matthew Bender.
- ^ Stephen Bruce Lindholm (January 29, 2005). "Revisiting the On-Sale Bar after Pfaff". Albany Law Journal of Science and Technology (forthcoming). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=656243. Retrieved September 2, 2008.
- ^ Aspirin, World of Molecules
- ^ SPAM and the Internet (Waybacked)
- ^ Kieren McCarthy (January 31, 2005). "Hormel Spam trademark case canned". http://www.theregister.co.uk/2005/01/31/spam_ruling/. Retrieved September 2, 2008.
Sources
.^ The impetus to use this metaphor is natural, and follows easily from the language commonly used to define it: "to fall into the public domain;" "to search the public domain."- Robert A. Baron:VRA/NINCH Copyright Town Meeting: April 2000 15 January 2010 7:24 UTC www.studiolo.org [Source type: Original source]
^ Benkler, Y., Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain.- Public Domain - CIP - UMUC 15 January 2010 7:24 UTC www.umuc.edu [Source type: Academic]
^ And to make things more confusing, that's absolutely true (in the US at least) of a photograph of a public domain painting.- Public Domain stories at Techdirt. 15 January 2010 7:24 UTC www.techdirt.com [Source type: FILTERED WITH BAYES]
ISBN 0-87337-433-9
External links
.^ The Copyright Act was intended to promote creativity, thereby benefitting the artist and the public alike.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ Now that Kos has cracked down on the use of copyrighted images, I think it might be useful to examine what public-domain image resources are available for our diarists.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
^ Some things are public domain worldwide--works of the US federal government, for instance, or some of the collections donated to the Library of Congress--but you need to check it against your local copyright law, which I believe is Life+70.- Daily Kos: Compendium of Public-Domain Image Links 15 January 2010 7:24 UTC www.dailykos.com [Source type: General]
Ashcroft by Chris Sprigman
The Public Domain In Copyright Law by Edward Samuels, published in Journal of the Copyright Society (1993)
The Public Domain RevisitedPDF (260 KB) by Edward Samuels, published in the Loyola of Los Angeles Law Review (2002)
The Mythology of the Public Domain: Exploring the Myths Behind Attacks on the Duration of Copyright ProtectionPDF (410 KB) by Scott M. Martin, Senior VP for Intellectual Property and Associate General Counsel, Paramount Pictures Corporation, published in the Loyola of Los Angeles Law Review (2002)
Summary list of copyright terms in other countries from the University of Pennsylvania.
Public Domain Calculators for Various Countries
Flowchart to determine Public Domain status of a work in the U.S.
Copyright Term and the Public Domain in the United States from Cornell University.
Public Domain Dedication
European Union thematic network COMMUNIA for the Public Domain
Open Data Commons Public Domain Dedication and Licence (PDDL)
Public Domain Works - an open registry of artistic works that are in the public domain