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This article is about public ownership of creative works. For use in relationship to public lands, see public domain (land). Public domain is a term used to describe lands that were not under private or state ownership during the 18th and 19th centuries in the United States, as the country was expanding For the music album of the same name, see Tryad.
For how the public domain applies to Wikipedia, see Wikipedia:Public domain.

The public domain is a range of abstract materials – commonly referred to as intellectual property – which are not owned or controlled by anyone. Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose. The laws of various countries define the scope of the public domain differently, making it necessary to specify which jurisdiction's public domain is being discussed. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Furthermore, the public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast to copyrighted works is different from the public domain in contrast to trademarks or patented works.

The public domain is most often discussed in contrast to works restricted by copyright. Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for Under modern law, most original works of art, literature, music, etc. are covered by copyright from the time of their creation for a limited period of time (which varies by country). When the copyright expires, the work enters the public domain. Due to legislation providing extension of copyright, it is estimated that currently, of the all books found in the world's libraries, only about 15 percent are in the public domain, even though only 10 percent of all books are still in print; the remaining 75 percent are books abandoned by publishers, but which remain unavailable because they are still under copyright protection. [1]

The public domain can also be defined in contrast to trademarks. A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual Names, logos, and other identifying marks used in commerce can be restricted as proprietary trademarks for a single business to use. Trademarks can be maintained indefinitely, but they can also lapse through disuse, negligence, or widespread misuse, and enter the public domain. It is possible, however, for a lapsed trademark to become proprietary again, leaving the public domain.

The public domain also contrasts with patents. A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an New inventions can be registered and granted patents restricting others from using them without permission from the inventor. Like copyrights, patents last for a limited period of time, after which the inventions covered by them enter the public domain and can be used by anyone.

Intellectual property law
Primary rights
Sui generis rights
Other topics
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Contents

No legal restriction on use

A creative work is said to be in the public domain if there are no laws which restrict its use by the public at large. Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual Industrial design rights are Intellectual property rights that protect the visual design of objects that are not purely utilitarian A utility model is an Intellectual property right to protect Inventions This right is available in a number of national Legislations such as Argentina A geographical indication (GI is a name or sign used on certain products which corresponds to a specific geographical location or origin (eg A trade secret is a Formula, practice, Process, Design, instrument, Pattern, or compilation of Information which Related rights is a term in Copyright law used in opposition to the term " Authors' rights " A trade name, also known as a trading name or a business name, is the name which a Business trades under for commercial purposes although its registered In Computer networking, a domain name is a name given to a collection of network devices that belong to a domain which is an administrative space managed according Sui generis (English pronunciation ( IPA) /ˌsuːiˈdʒɛnərɪs/ roughly "SOO-ee JEN-a-ris" Latin pronunciation /ˌsuːiˈgeneris/ is a Neo-Latin In European Union law, a database right is a legal right introduced in 1996. A mask work is a two or three-dimensional layout or topography of an Integrated circuit (IC or "chip" i Plant breeders' rights (PBR also known as plant variety rights (PVR are Intellectual property rights granted to the breeder of a new variety In European Union member countries a supplementary protection certificate (SPC is a Sui generis, Patent -like Intellectual property Indigenous intellectual property is an umbrella legal term used in national and international forums to identify Indigenous peoples ' special rights to claim (from within Critics of the term " Intellectual property " argue that the increased use of this terminology coincided with a more general shift away from thinking about things like copyright For instance, a work may be in the public domain if no laws establish proprietary rights over the work, or if the work or its subject matter are specifically excluded from existing laws. The word proprietary indicates that a party or proprietor exercises private Ownership, control or use over an item of Property.

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

The underlying idea that is expressed or manifested in the creation of a work generally cannot be the subject of copyright law (see idea-expression divide). An idea is a form (such as a Thought) formed by Consciousness (including Mind) through the Process of ideation. The idea-expression divide or idea-expression dichotomy is a concept which explains the appropriate function of Copyright laws which are generally designed to Mathematical formulae will therefore generally form part of the public domain, to the extent that their expression in the form of software is not covered by copyright; however, algorithms can be the subject of a software patent in some jurisdictions. Software patent does not have a universally accepted definition [2][3]

Works created before the existence of copyright and patent laws also form part of the public domain. The Bible and the inventions of Archimedes are in the public domain. Etymology According to the Online Etymology Dictionary, the word bible is from Latin biblia, traced from the same word through Medieval Latin and Late Latin Archimedes of Syracuse ( Greek:) ( c. 287 BC – c 212 BC was a Greek mathematician, Physicist, Engineer However, copyright may exist in translations or new formulations of these works. Translation is the interpreting of the meaning of a text and the subsequent production of an equivalent text likewise called a " translation

Although "intellectual property" laws are not designed to prevent facts from entering the public domain, collections of facts organized or presented in a creative way, such as categorized lists, may be copyrighted. Collections of data with intuitive organization, such as alphabetized directories like telephone directories, are generally not copyrightable. In some countries copyright-like rights are granted for databases, even those containing mere facts. A sui generis database rights regime is in place in the European Union. The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databasesis a European Union directive in the field of Copyright The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in

Works of the United States Government and various other governments are excluded from copyright law and may therefore be considered to be in the public domain in their respective countries. A work of the United States government, as defined by United States copyright law, is "a work prepared by an officer or employee of the U [4] They may also be in the public domain in other countries as well.

Expiration

All copyrights and patents have always had a finite term, though the terms for copyrights and patents differ. When terms expire, the work or invention is released into public domain. In most countries, the term for patents is 20 years. A trademark registration may be renewed and remain in force indefinitely provided the trademark is used, but could otherwise become generic. A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual A genericized trademark (also known as a generic trademark or proprietary eponym) is a Trademark or Brand name that has become the colloquial

Copyrights are more complex than patents; generally, in current law, the copyright in a published work expires in all countries (except Colombia, Côte d'Ivoire, Guatemala, Honduras, Mexico, Samoa, and Saint Vincent and the Grenadines) when either of the following conditions are satisfied:[5]

but only provided that both of the following also hold:

These conditions are based on the intersection of United States and European Union copyright law, which most other Berne Convention signatories recognize. The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing Copyright Note that copyright term extension under U. S. tradition usually does not restore copyright to public domain works (hence the 1923 date), but European tradition does because the EU harmonization was based on the copyright term in Germany, which had already been extended to life plus 70. Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights is a European Union directive in the field of Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe.

United States law

Copyright law in the United States has changed several times. Although it is held under Feist v. Rural that Congress does not have the power to re-copyright works that have fallen into the public domain, 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. Feist Publications Inc v Rural Telephone Service Co, 499 US 340 ( 1991) commonly called just Feist v "[6]

Works created by an agency of the United States government are public domain at the moment of creation. A work of the United States government, as defined by United States copyright law, is "a work prepared by an officer or employee of the U [7] Examples include military journalism, federal court opinions (but not necessarily state court opinions), congressional committee reports, and census data. A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking Journalism is the profession of writing or communicating formally employed by publications and broadcasters for the benefit of a particular Community of people The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States A Congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress The United States Census is a decennial Census mandated by the United States Constitution. However, works created by a contractor for the government are still subject to copyright. Even public domain documents may have their availability limited by laws limiting the spread of classified information.

Since 1978

Before 1978, unpublished works were not covered by the federal copyright act. Rather, they were covered under (perpetual) common law copyright. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive 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. History and purpose Before the 1976 Act the last major revision to statutory copyright law in the United States occurred in 1909 The claim that "pre-1923 works are in the public domain" is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years. For a work made for hire, the copyright in a work created before 1978, but not theretofore in the public domain or registered for copyright, subsists from January 1, 1978, and endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first. [8] If the work was created before 1978 but first published on or before December 31, 2002, the work is covered by federal copyright until 2047.

1964 to 1977

Works published with notice of copyright or registered in unpublished form prior to January 1, 1964, had to be renewed during the 28th year of their first term of copyright to maintain copyright for a full 95-year term. [9]

Until the Berne Convention Implementation Act of 1988, the lack of a proper copyright notice would place an otherwise copyrightable work into the public domain, although for works published between January 1, 1978 and February 28, 1989, this could be prevented by registering the work with the Library of Congress within 5 years of publication. The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing Copyright The Library of Congress is the De facto National library of the United States and the research arm of the United States Congress 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.

Sound recordings

Sound recordings fixed before February 15, 1972, were generally covered by common law or in some cases by statutes enacted in certain states, not by federal copyright law. The 1976 Copyright Act, effective 1978, provides federal copyright for unpublished and published sound recordings fixed on or after February 15, 1972. Recordings fixed before February 15, 1972, are still covered, to varying degrees, by common law or state statutes. [10] Any rights or remedies under state law for sound recordings fixed before February 15, 1972, are not annulled or limited by the 1976 Copyright Act until February 15, 2067. [11]

Term extensions

Critics of copyright term extensions have said that Congress has achieved a perpetual copyright term "on the installment plan. "[12]

British law

British government works are restricted by either Crown Copyright or Parliamentary Copyright. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Crown copyright is a form of Copyright claim used by the governments of a number of Commonwealth realms It provides special copyright rules for The Crown Parliamentary copyright was first created in the United Kingdom by the Copyright Designs and Patents Act 1988. Published Crown Copyright works become public domain at the end of the year 50 years after they were published, unless the author of the work held copyright and assigned it to the Crown. In that case, the copyright term is the usual life of author plus 70 years. Unpublished Crown Copyright documents become public domain at the end of the year 125 years after they were first created. However, under the legislation that created this rule, and abolished the traditional common law perpetual copyright of unpublished works, no unpublished works will become public domain until 50 years after the legislation came into effect. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Since the legislation became law on 1 August 1989, no unpublished works will become public domain under this provision until 2039. Events 30 BC - Octavian (later known as Augustus enters Alexandria, Egypt, bringing it under the control of the Roman Year 1989 ( MCMLXXXIX) was a Common year starting on Sunday (link displays 1989 Gregorian calendar) 2039 ( MMXXXIX) will be a Common year starting on Saturday of the Gregorian calendar. Parliamentary Copyright documents become public domain at the end of the year 50 years after they were published. Crown Copyright is waived on some government works provided that certain conditions are met.

Laws of Canada, Australia, and other Commonwealth nations

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

As a result, works ranging from Peter Pan to the stories of H. P. Lovecraft are public domain in both countries. Peter Pan is a fictional character created by Scottish novelist and playwright J Howard Phillips Lovecraft ( August 20, 1890 – March 15, 1937) was an American author of horror, fantasy (The copyright status of Lovecraft's work is debatable, as no copyright renewals, which were necessary under the laws of that time, have been found. Also, two competing parties have independently claimed copyright ownership on his work. )

As with most other Commonwealth of Nations countries, Canada and Australia follow the general lead of the United Kingdom on copyright of government works. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page For a topic outline on this subject see List of basic Australia topics. Both have a version of Crown Copyright which lasts for 50 years from publication. New Zealand also has Crown Copyright, but has a much greater time length, at 100 years from the date of publication. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island India has a government copyright of sixty years from publication, to coincide with its somewhat unusual life of the author plus sixty years term of copyright. India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country

Thai law

According to Thai copyright law, the copyright term is the life of author plus 50 years. The Kingdom of Thailand (ˈtaɪlænd ราชอาณาจักรไทย, râːtɕʰa-ʔaːnaːtɕɑ̀k-tʰɑj [13] When the author is a legal entity or an anonymous person, the copyright term is 50 years from the date of publication. Note This Wikipedia entry deals with the legal concept legal person. Anonymity is derived from the Greek word ανωνυμία, meaning "without a Name " or "namelessness" Works of applied art (defined as drawings, paintings, sculpture, prints, architecture, photography, drafts, and models) have a copyright term of 25 years from publication. [14] Republication of works after the expiration of the copyright term does not reset the copyright term. Thai state documents are public domain,[15] but creative works produced by or commissioned by government offices are protected by copyright. [16]

Japanese law

Japanese copyright law does not mention public domain. Japanese copyright laws consist of two parts "Author's Rights" and "Neighboring Rights" and as such "copyright" is a convenient collective term rather Hence, even when some materials are said to be "in the public domain" there can be some use restrictions. In that case, the term copyright-free is sometimes used instead. Copyright-free is a conventional expression extensively used in Japan by authors whose works can be used freely regardless of Copyright.

Main article: Cinema of Japan#Copyright status of Japanese films

Many pre-1953 both Japanese and non-Japanese films are considered to be in the public domain in Japan. The cinema of Japan (日本映画 [17]

Examples

Examples of inventions whose patents have expired include the inventions of Nikola Tesla and Thomas Edison. There have already been discussions about Tesla's ethnicity on the talk page Examples of works whose copyrights have expired include the works of Carlo Collodi, Mozart, and most of the works of Mark Twain, excluding the work first published in 2001, A Murder, a Mystery, and a Marriage. Carlo Lorenzini ( November 24, 1826 &ndash October 26, 1890) better known by the Pen name C Samuel Langhorne Clemens (November 30 1835 – April 21 1910 better known by the Pen name Mark Twain, was an American Humorist, satirist In the United States, the images of Frank Capra's classic film, It's a Wonderful Life (1946) entered into the public domain in 1974, because someone inadvertently failed to file a copyright renewal application with the Copyright Office during the 28th year after the film's release or publication. Frank Russell Capra ( May 18, 1897 &ndash September 3, 1991) was an Academy Award winning Italian-American Film It's a Wonderful Life is a 1946 American Film produced and directed by Frank Capra and based on the short story " The Greatest It wasn't until 1993 when Republic Pictures relied on the 1990 United States Supreme Court ruling in Stewart v. Abend to enforce its claim of copyright to portions of the film's sound track. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Stewart v Abend, 495 US 207 ( 1990) was an important United States Supreme Court decision which held that a Copyright owner has As a result, only NBC is currently licensed to show the film on U. The National Broadcasting Company ( NBC) is an American Television network headquartered in the GE Building in New York City's S. network television, the colourized versions have been withdrawn and Republic got exclusive video rights to the film (under license with Artisan Entertainment). Artisan Entertainment was a privately held independent American Movie studio until it was purchased by Lionsgate & Universal Studios Rights to It's a Wonderful Life now belong to Paramount Pictures.

Currently four shorts by the Three Stooges are in the public domain due to accidental failure to renew their copyrights in the '60s. The Three Stooges were an American Vaudeville and Comedy act of the early to mid–20th century best known for their numerous Short subject films The 1960s decade refers to the years from the beginning of 1960 to the end of 1969 These are Disorder in the Court, Brideless Groom, Malice in the Palace, and Sing a Song of Six Pants. Disorder in the Court is the 15th Short subject starring American Slapstick comedy team the Three Stooges. Brideless Groom is the 101st Short subject starring American Slapstick comedy team the Three Stooges. Malice in the Palace is the 117th Short subject starring American Slapstick comedy team the Three Stooges. Sing a Song of Six Pants is the 102nd Short subject starring American Slapstick comedy team the Three Stooges. Other features and films from the Stooges are known to be in public domain as well.

Several episodes of The Lucy Show are similarly in the public domain. The Lucy Show is a Television series which ran from 1962 until 1968 [18]

Some works may never fully lapse into the public domain, such as the play Peter Pan by J. M. Barrie. Peter Pan is a fictional character created by Scottish novelist and playwright J Sir James Matthew Barrie 1st Baronet OM ( 9 May, 1860 &ndash 19 June, 1937) more commonly known as J While the copyright of this work expired in the United Kingdom in 1987, it has been granted special treatment under the Copyright, Designs and Patents Act 1988 (Schedule 6)[2] that requires certain royalties to be paid for performances within the UK, so long as Great Ormond Street Hospital continues to exist. The Great Ormond Street Hospital (GOSH is a medical institution specialising in the care of children J. M. Barrie had bequeathed the rights to Peter Pan to the hospital in perpetuity as an endowment. Peter Pan is a fictional character created by Scottish novelist and playwright J

Disclaimer of interest

Laws may make some types of works and inventions ineligible for monopoly; such works immediately enter the public domain upon publication. Many kinds of mental creations, such as publicized baseball statistics, are never covered by copyright. Statistics play an important role in summarizing Baseball performance and evaluating players in the Sport. However, any special layout of baseball statistics, or the like, would be covered by copyright law. Statistics play an important role in summarizing Baseball performance and evaluating players in the Sport. For example, while a phonebook is not covered by copyright law, any special method of laying out the information would be.

For example: U.S. copyright law, 17 U.S.C. § 105, releases all works created by the U.S. government into the public domain. United States copyright law governs the legally enforceable rights of creative and artistic works in the United States. A work of the United States government, as defined by United States copyright law, is "a work prepared by an officer or employee of the U U. S. patent applications containing a copyright notice must also include a disclaimer of certain exclusive rights as part of the terms of granting the patent to the invention (leaving open the question regarding copyright of patents with no such notice). Agreements that Germany signed at the end of World War I released such trademarks as "aspirin" and "heroin" into the public domain in many areas. World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All Aspirin, or acetylsalicylic acid (ASA (əˌsɛtɨlsælɨˌsɪlɨk ˈæsɨd is a Salicylate drug, often used as an Analgesic to relieve Heroin ( INN: diacetylmorphine, BAN: diamorphine) is a semi-synthetic opioid synthesized from Morphine, a derivative

Another example would be Charles Darwin's theory of evolution. Charles Robert Darwin (February 12 1809 &ndash April 19 1882 was an English naturalist, who realised and demonstrated that all Species of life eVolution is the third Album by eLDee, it was due to be released in 2008 Being an abstract idea it has therefore never been patentable. After Darwin constructed his theory, he did not disclose it for over a decade (see Development of Darwin's theory). The Development of Darwin's theory began with a search for explanations of contradictions in current faith based ideas, and led him to formulate his Theory of evolution He could have kept his manuscript in his desk drawer forever but once he published the idea, the idea itself entered public domain. However, the carrier of his ideas, in the form of a book titled The Origin of Species, was covered by copyright (though, since he died in 1882, the copyright has since expired). Charles Darwin 's On the Origin of Species (published 24 November 1859) is a seminal work in Scientific literature and arguably the Year 1882 ( MDCCCLXXXII) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common

Copyright

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

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

Statutory law

Computer Software Rental Amendments Act

There are several references to putting copyrighted work into the public domain. The first reference is actually in a statute passed by Congress, in the Computer Software Rental Amendments Act of 1990 (Public Law 101–650, 104 Stat. 5089 (1990)). 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.

One purpose of this legislation appears to be to allow "public domain shareware" to be filed at the Library of Congress, presumably so that the shareware would be more widely disseminated. Therefore, one way to release computer software into the public domain might be to make the filing and pay the $20 fee. This could have the effect of "certifying" that the author intended to release the software into the public domain. It does not seem that registration is necessary to release the software into the public domain, because the law does not state that public domain status is conferred by registration. Judicial rulings supports this conclusion, see below. In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State

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

Berne Convention Implementation Act
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. The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing Copyright " The congressional committee report explains that this means simply that the Act does not apply retroactively. Some interest groups lobbied heavily to make the Act retroactive in order to increase the U. S. 's negotiating leverage with other countries, because the U. S. often asks developing countries to allow the copyrighting of previously public-domain work.

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

Section 203 of the Copyright Act

Although there is support in the statutes for allowing work to be dedicated to the public domain, there cannot be an unlimited right to dedicate work to the public domain because of a quirk of U. S. copyright law which grants the author of a work the right to cancel "the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright" thirty-five years later, unless the work was originally a work for hire. [19]

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

Case law

Another form of support comes from the seminal case Computer Associates Int'l v. Altai, 982 F. Computer Associates International Inc v Altai Inc 982 F2d 693 (2d Cir 2d 693. This case set the standard for determining copyright infringement of computer software and is still followed today. Moreover, it was decided by the Second Circuit appellate court, which is famous for handing down some of the most well-reasoned American copyright decisions. In this case, it discusses the public domain.

(c) Elements Taken from the Public Domain

Closely related to the non-protectability of scenes a faire, is material found in the public domain. Such material is free for the taking and cannot be appropriated by a single author even though it is included in a copyrighted work. . . . We see no reason to make an exception to this rule for elements of a computer program that have entered the public domain by virtue of freely accessible program exchanges and the like. See 3 Nimmer Section 13. 03 [F] ; see also Brown Bag Software, slip op. at 3732 (affirming the district court’s finding that “‘[p]laintiffs may not claim copyright protection of an . . . expression that is, if not standard, then commonplace in the computer software industry. ’“). Thus, a court must also filter out this material from the allegedly infringed program before it makes the final inquiry in its substantial similarity analysis.

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

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

Treatise analysis

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

13. 03[F][4]

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

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

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

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

Patent

With regard to patents, on the other hand, public use or publishing the details of an invention before applying for a patent will generally place an invention in the public domain and (in theory) prevent its subsequent patenting by anyone – an effective disclaimer. A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an For example, a chemistry journal publishing a formula prevents patenting the formula by anyone. This tactic was commonly used by Bell Labs. Bell Laboratories (also known as Bell Labs and formerly known as AT&T Bell Laboratories and Bell Telephone Laboratories) is the Research organization The famous Bell Labs Technical Journal was sent free of charge to the library of the U. Bell Labs Technical Journal is the in-house journal for scientists of Bell Labs / Alcatel-Lucent. 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. Unix (officially trademarked as UNIX, sometimes also written as Unix with Small caps) is a computer ) This is sometimes called "defensive disclosure" - one way to make sure you are not later accused of infringing a patent on your own invention. There is an exception to this rule, however: in U. S. (not European) law, an inventor may file a patent claim up to one year after publishing a description (but not, of course, if someone else published or used it first).

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

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

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

If an inventor has an issued patent, there are several ways to release it to the public domain (other than simply letting it expire). First, he can fail to pay the maintenance fee the next time it is due, about every four years. Alternatively he can file a terminal disclaimer under 37 CFR 1. 321 for a reasonable fee. The regulations explicitly say that the "patentee may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted. Such disclaimer is binding upon the grantee and its successors or assigns. " Usually this is used during the application process to prevent another patent from a "double patenting" invalidation. Double patenting is the protection of one single Invention by two Patents usually owned by the same proprietor Lastly, he may grant a patent license to the world, although the issue of revocability may raise its head again.

Trade secret

If guarded properly, trade secrets are forever. A trade secret is a Formula, practice, Process, Design, instrument, Pattern, or compilation of Information which A business may keep the formula to Coca-Cola a secret. Coca-Cola is a carbonated Soft drink sold in stores restaurants and Vending machines in more than 200 countries However, once it is disclosed to the public, the former secret enters public domain, although an invention using the former secret may still be patentable in the United States if it is not barred by statute (including the on-sale bar)[3]. The on-sale bar of 35 USC 102 is a United States patent law term that means if an Invention has been for sale for over one year it is no longer

Some businesses choose to protect products, processes, and information by guarding them as trade secrets, rather than patenting them. Hershey Foods, Inc. , for example, does not patent some of its processes, such as the recipe for Reese's, but rather maintains them as trade secrets, to prevent competitors from easily duplicating or learning from their invention disclosures, or from using the information after the patent lapses. Reese's Peanut Butter Cups are Chocolates with a peanut butter flavored filling

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. Reverse engineering (RE is the process of discovering the technological principles of a device object or system through analysis of its structure function and operation g. contract).

Trademark

Main article: Genericized trademark

A trademark registration is renewable. A genericized trademark (also known as a generic trademark or proprietary eponym) is a Trademark or Brand name that has become the colloquial A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual 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.

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. A brand is a collection of Images and ideas representing an economic producer more specifically it refers to the descriptive verbal attributes and concrete symbols such as a A genericized trademark (also known as a generic trademark or proprietary eponym) is a Trademark or Brand name that has become the colloquial " 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. For example, the drug "acetylsalicylic acid" (2-acetoxybenzoic acid) is better known as aspirin in the United States – a generic term. Aspirin, or acetylsalicylic acid (ASA (əˌsɛtɨlsælɨˌsɪlɨk ˈæsɨd is a Salicylate drug, often used as an Analgesic to relieve In Canada, however, "aspirin" is still a trademark of the German company Bayer. For other uses see Bayer (disambiguation or Beyer or Buyer. Bayer AG (German ˈbaɪə () is a German Bayer lost the trademark after World War I, when the mark was sold to an American firm. World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All So many copycat products entered the marketplace during the war that it was deemed generic just three years later. A marketplace is the space actual or metaphorical in which a Market operates [20]

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

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

However, "genericide" is not an inevitable process. In the late 1980s "Nintendo" was becoming synonymous with home video game consoles but Nintendo was able to reverse this process through marketing campaigns. is a Multinational corporation headquartered in Kyoto Japan founded on Xerox was also successful in avoiding its name becoming synonymous with the act of photocopying (although, in some languages (Russian) and countries (like India), it became generic). Xerox Corporation ( (name ˈziːrɒks is a global document management company which manufactures and sells a range of color and black-and-white printers, multifunction

Trademarks currently thought to be in danger of being generic include iPod, Jell-O, Band-Aid, Rollerblade, Google, Spam, Hoover, and Sheetrock. iPod is a popular brand of Portable media players designed and marketed by Apple Inc Jell-O is a Brand name belonging to USA -based Kraft Foods for a number of Gelatin desserts including fruit gels Puddings and no-bake History The Band-Aid was invented in 1920 by Earle Dickson, an employee of Johnson & Johnson for his wife Josephine who frequently cut and burned herself while cooking Rollerblade is a type of Inline skate. The name is a Registered trademark owned by Nordica, part of the Tecnica Group of Trevignano, Google Inc is an American public corporation, earning revenue from advertising related to its Internet search, e-mail, online Name origin Introduced on July 5 1937, the name "Spam" was chosen in the 1930s when the product whose original name was far less memorable (Hormel The Hoover Company started out as an American floor care manufacturer based in North Canton, Ohio. For the musical group "Drywall" see Drywall (musical project Drywall is a common manufactured Building material Google vigorously defends its trademark rights. 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].

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

Trademarks which have been genericized in particular places include: Formica, Escalator, Trampoline, Raisin Bran, Linoleum, Dry Ice, Shredded Wheat (generic in US), Mimeograph, Yo-Yo, Kerosene, Cornflakes, Cube Steak, Lanolin, and High Octane, (Source: Xerox ad, reprinted in Copyright, Patent, Trademark, . Formica is a Genus of Ants It is the type genus of the family Formicidae and the subfamily Formicinae and in turn Formica' s own An escalator is a Conveyor transport device for transporting people consisting of individual linked steps that move up or down on tracks which keep the treads A trampoline is a Gymnastic and Recreational device consisting of a piece of taut strong Fabric stretched over a Steel frame using many coiled Raisin Bran is manufactured by several companies under a variety of brand names including General Mills ' Total Raisin Linoleum is a Floor covering made from solidified Linseed oil (linoxyn in combination with Wood flour or cork dust over a Burlap or Canvas Dry ice is solid Carbon dioxide. It is commonly used as a versatile cooling agent Shredded Wheat is a Breakfast cereal made from whole Wheat. It comes in two sizes bite sized (3/4 in x 1 in and normal size which are sometimes The yo-yo is a Toy consisting of two equally sized and weighted disks of Plastic, Wood, or Metal, connected with an Axle, with a Kerosene, sometimes spelled kerosine in scientific and industrial usage is a Combustible Hydrocarbon liquid Corn flakes are a popular Breakfast cereal originally manufactured by Kellogg's through the treatment of corn. Cube steak is a cut of Beef, usually top round or top sirloin, Tenderized by fierce pounding with a Meat mallet, or use of an Lanolin, also called Adeps Lanae, wool wax, wool fat, anhydrous wool fat or wool grease, is a greasy yellow substance secreted by . . , by Paul Goldstein, 5th ed. , p. 245) as well as Aspirin (generic in the United States, but not in Canada), Allen wrench, Beaver Board, Masonite, Coke, Pablum, Styrofoam, Heroin, Bikini, Chyron, Crapper, Weedwhacker, Kleenex, Linux (generic in Australia) and Zipper. Aspirin, or acetylsalicylic acid (ASA (əˌsɛtɨlsælɨˌsɪlɨk ˈæsɨd is a Salicylate drug, often used as an Analgesic to relieve A hex key, also known as an Allen, Alum, hex-head, or zeta key or wrench is a Tool used to drive Screws and bolts Masonite is a type of Hardboard invented by William H Mason. It is formed using the Mason method using Wooden chips and blasting them into long fibers Coca-Cola is a carbonated Soft drink sold in stores restaurants and Vending machines in more than 200 countries Pablum is a processed Cereal for Infants originally marketed by the Mead Johnson Company in 1931 Styrofoam is a trademark for polystyrene Thermal insulation, a material manufactured by Dow Chemical Company. Heroin ( INN: diacetylmorphine, BAN: diamorphine) is a semi-synthetic opioid synthesized from Morphine, a derivative A bikini or two-piece is a type of women's Swimsuit, characterized by two separate parts &mdash one covering the Breasts (optionally in the case of Thomas P Crapper (baptised 28 September 1836 - 27 January 1910) was a Plumber who founded Thomas Crapper & Co Weedeater redirects here for the band see Weedeater (band A string trimmer, also called a line trimmer, Weedeater Kleenex is a Brand name for a variety of products such as Facial tissue, Bathroom tissue, Paper towels, and Diapers. Linux (commonly pronounced ˈlɪnəks zipper (data structure A zipper ( English: zip fastener or zip) is a popular device for temporarily joining two edges of fabric.

Domain name

A domain name never enters public domain in the sense that copyrighted material does. In Computer networking, a domain name is a name given to a collection of network devices that belong to a domain which is an administrative space managed according 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). 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 and the Internet

The term "public domain" is often poorly understood and has created significant legal controversy. Historically, most parties attempting to address public domain issues fell into two camps:

  1. Businesses and organizations who could devote staff to resolving legal conflicts through negotiation and the court system.
  2. Individuals and organizations using materials covered by the fair use doctrine, reducing the need for substantial governmental or corporate resources to track down individual offenders. Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders such as use for

With the advent of the Internet, however, it became possible for anybody with access to this worldwide network to "post" copyrighted or otherwise-licensed materials freely and easily. This aggravated an already established but false belief that if something is available through a free source, it must be public domain. Once such material was available on the net, it could be perfectly copied among thousands or even millions of computers very quickly and essentially without cost.

Freely obtained does not mean free to republish

These factors have reinforced the false notion that "freely obtained" means "public domain. " One could argue that the Internet is a publicly available domain, not licensed or controlled by any individual, company, or government; therefore, everything on the Internet is public domain. This specious argument ignores the fact that licensing rights are not dependent on the means of distribution or consumer acquisition. (If someone gives a person stolen merchandise, it is still stolen, even if the receiving party was not aware of it. ) Chasing down copyright violations based on the idea that information is inherently free has become a primary focus of industries whose financial structure is based on their control of the distribution of such media.

(Almost) everything written down is copyrighted

Another complication is that publishing exclusively on the Internet has become extremely popular. In countries party to the Berne Convention, an author's original works are covered by copyright as soon as the work is put into a "fixed" form; no formal copyright notice or registration is necessary. The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing Copyright But such laws were passed at a time when the focus was on materials that could not be as easily and cheaply reproduced as digital media, nor did they comprehend the ultimate impossibility of determining which set of electronic bits is original. Technically, any Internet posting (such as blogs or emails) could be considered copyrighted material unless explicitly stated otherwise. A blog (a contraction of the term " Web log " is a Web site, usually maintained by an individual with regular entries of commentary descriptions of Electronic mail, often abbreviated to e-mail, email, or originally eMail, is a Store-and-forward method of writing sending receiving

The distribution of many types of Internet postings (particularly Usenet articles and messages sent to electronic mailing lists) inherently involves duplication. Usenet, a Portmanteau of "user" and "network" is a world-wide distributed Internet discussion system The act of posting such a work can therefore be taken to imply consent to a certain amount of copying, as dictated by the technical details of the manner of distribution. However, it does not necessarily imply total waiver of copyright.

Furthering the public domain with the Internet

Many people are using the Internet to contribute to the public domain, or make works in the public domain more accessible to more people. For example, Project Gutenberg and LibriVox coordinate the efforts of people who transcribe works in the public domain into electronic form. Project Gutenberg, abbreviated as PG, is a volunteer effort to Digitize, archive and distribute Cultural works LibriVox is a Digital library of free Public domain Audiobooks read by Volunteers The project started in August 2005 and as of 2008-09-14 Some projects exist for the sole purpose of making material available into the public domain or under no-cost licenses. The IMSLP (International Music Score Library Project) is attempting to create a virtual library containing all public domain musical scores, as well as scores from composers who are willing to share their music with the world free of charge. The International Music Score Library Project ( IMSLP) is a project for the creation of a virtual library of Public domain music scores, based on the The Eyebeam OpenLab creates software and hardware projects in the public domain, such as the work of the Graffiti Research Lab. Eyebeam, an Atelier, is a Not-for-profit arts and technology center based in New York City. Hardware is a general term that refers to the physical artifacts of a Technology. Graffiti Research Lab, founded by Evan Roth and James Powderly during their fellowships at the Eyebeam OpenLab, is an art group dedicated

Note that there are many works that are not part of the public domain, but for which the owner of some proprietary rights has chosen not to enforce those rights, or to grant some subset of those rights to the public. See, for example, the Free Software Foundation which creates copyrighted software and licenses it without charge to the public for most uses under a class of license called "copyleft", forbidding only proprietary redistribution. The Free Software Foundation ( FSF) is a Non-profit corporation founded by Richard Stallman on 4 October 1985 to support the Free software movement Copyleft is a play on the word Copyright and describes the practice of using copyright law to remove restrictions on distributing copies and modified versions Sometimes such work is inadvertently referred to as "public domain" in colloquial speech.

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

Kopimi

There is an established form of copyright antonym called kopimi, a wordplay on "copy me. Piratbyrån ("The Piracy Bureau" is a Swedish organization (or Think tank) established to support people opposed " Kopimi is not a license, it is simply a message that expresses the author's desire for people to modify and distribute the work.

Media in the public domain

Main article: Public domain film

There are hundreds of movies, cartoons and television shows that have entered into the public domain. Public domain film is a Film that was released to Public domain by its author or because its Copyright has expired

Some of these movies are considered classics, such as The Gold Rush (1925) starring Charlie Chaplin, A Star Is Born (1937), Carnival of Souls (1962) and Night of the Living Dead (1968). The Gold Rush is a 1925 Silent film comedy written directed by and starring Charlie Chaplin in his Little Tramp A Star Is Born ( 1937) is a romantic Drama film produced by David O Carnival of Souls is a Horror film released in 1962 Produced and directed by Herk Harvey for an estimated $33000 the movie never gained widespread public Night of the Living Dead (1968 directed by George Romero, is an independent Black-and-white Horror film.

The cartoons feature a majority of the cartoons produced by Paramount's Famous Studios animation company in the 1950s, including a significant number of Popeye cartoons. Famous Studios, renamed Paramount Cartoon Studios in 1956 was the Animation division of the Hollywood film studio Paramount Pictures from 1942 Popeye the Sailor Man is a fictional hero famous for appearing in comic strips and animated films as well as numerous TV shows

Additionally, four shorts from The Three Stooges are in public domain, along with numerous other appearances featuring them (like their appearance on The Ed Wynn Show and a Simoniz commercial). The Three Stooges were an American Vaudeville and Comedy act of the early to mid–20th century best known for their numerous Short subject films Simoniz is a trademark for a brand of Car wax that originated with Union Carbide in 1935

These works either did not include a proper copyright notice when published, or the copyright was not renewed and therefore the content is now in the public domain.

See also

Footnotes

  1. ^ Kevin Kelly. Traditional Knowledge Digital Library is a knowledge repository of the Traditional knowledge. "Scan This Book!". New York Times, 14 May 2006. Events 1264 - Battle of Lewes: Henry III of England is captured in France making Simon de Montfort the Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar.
  2. ^ Patentability of Mathematical Algorithms under US Manual of Patent Examining Procedure
  3. ^ USPTO Notice of Public Hearings and Request for Comments on Patent Protection for Software-Related Inventions 1994
  4. ^ Copyright Office Basics: Publications Incorporating U.S. Government Works
  5. ^ Cornell University Copyright Information Center; updated January 1, 2007, accessed January 28, 2007[1]; Copyright Term and the Public Domain in the United States
  6. ^ Testimony of Dorothy Schrader, general counsel of the U. S. copyright office, hearing for House Resolution 1623, serial 100/50.
  7. ^ 17 U.S.C. § ch1 Subject matter and scope of copyright
  8. ^ 17 U.S.C. § ch3 Duration of Copyright
  9. ^ U. Title 17 of the United States Code is the title of the United States Code that outlines United States copyright law. Title 17 of the United States Code is the title of the United States Code that outlines United States copyright law. S. Copyright Office, Circular 15a, Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright Protection.
  10. ^ An exception to the 1976 Copyright Act's general abolition of common law copyright.
  11. ^ 17 U.S.C. § 301 Preemption with respect to other laws
  12. ^ Statement of Professor Peter Jaszi, The Copyright Term Extension Act of 1995: Hearing on S. Title 17 of the United States Code is the title of the United States Code that outlines United States copyright law. 483 Before the Senate Judiciary Committee, 104th Congress
  13. ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B. E. 2537 (1994 A. D. ), from Wikisource, in Thai. Wikisource is a Wikimedia project to build a free, Wiki Library of Source texts along with translations into any language Thai (th ภาษาไทย, transcription: phasa thai, transliteration:; pʰāːsǎːtʰāj is the national and Section 4 governs copyright expiration terms
  14. ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B. E. 2537 (1994 A. D. ), from Wikisource, in Thai. Wikisource is a Wikimedia project to build a free, Wiki Library of Source texts along with translations into any language Thai (th ภาษาไทย, transcription: phasa thai, transliteration:; pʰāːsǎːtʰāj is the national and Section 4, Article 22 states the copyright term for applied art works
  15. ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B. E. 2537 (1994 A. D. ), from Wikisource, in Thai. Wikisource is a Wikimedia project to build a free, Wiki Library of Source texts along with translations into any language Thai (th ภาษาไทย, transcription: phasa thai, transliteration:; pʰāːsǎːtʰāj is the national and 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.
  16. ^ พระราชบัญญัติลิขสิทธิ์ พ.ศ. ๒๕๓๗. Copyright Act of B. E. 2537 (1994 A. D. ), from Wikisource, in Thai. Wikisource is a Wikimedia project to build a free, Wiki Library of Source texts along with translations into any language Thai (th ภาษาไทย, transcription: phasa thai, transliteration:; pʰāːsǎːtʰāj is the national and 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.
  17. ^ Paramount - Japanese court rules pre-1953 movies in public domain (2006-12-07). Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 43 BC - Marcus Tullius Cicero assassinated 1696 - Connecticut Route 108, one of the oldest highways Retrieved on 2007-11-01. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 996 - Emperor Otto III issues a deed to Gottschalk Bishop of Freising which is the oldest known document using the name Ostarrîchi
  18. ^ "List of public domain The Lucy Show episodes"
  19. ^ U.S. Copyright Office - Copyright Law: Chapter 2
  20. ^ World of Molecules / Aspirin.

References

External links

Paramount Pictures Corporation is an American motion picture production and Distribution company, based in Hollywood California.

Dictionary

public domain

-noun

  1. The feature of intellectual property being not protected under patent or copyright, i.e. no person or other legal entity can establish proprietary interests.
  2. Open land such as unowned prairie in the western and southwestern United States. Space not subject to a land patent.
  3. Information about a subject which is accessible to anyone

-adjective

  1. Not subject to any copyright or patent restrictions.
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