public domain consists of all creative works that no exclusive intellectual property rights apply. These rights may have expired, have been forfeited, freed explicitly, or may not apply. For example, the works of Shakespeare and Beethoven, and the earliest silent films are in the public domain either based on those who have been created before copyright exists, or with their copyright term expiring. Some works are not protected by copyright, and therefore in the public domain - among them are Newtonian physics formulas, cooking recipes, and all computer software created before 1974. Other works are actively reserved by the author for the public domain (see ignore ); some examples include reference implementations of the cryptographic algorithm, ImageJ image processing software, created by the National Institutes of Health, and CIA's World Factbook . The term public domain is usually not applied to situations where the creator of a work has residual rights, in which the use of the work is referred to as "under license" or "by permission".
Because rights vary by country and jurisdiction, a work may be subject to rights in one country and is in the public domain of another. Some rights depend on state-by-state registration, and the absence of registration in certain countries, if necessary, raises the public domain status for a job in that country. The term public domain can also be alternately used with other inappropriate or undefined terms such as "public sphere" or "general", including concepts such as "commons of the mind", "intellectual commons", and "information commons".
Video Public domain
Histori
Although the term "domain" was not used until the middle of the 18th century, the concept "can be traced back to the ancient Roman Law, as a preset system belonging to the system of property rights." The Romans had a large proprietary system in which they defined "many things that can not be personally owned" such as res nullius , res communes ,
When the first copyright law was first established in the UK with the Statute of Anne in 1710, the public domain did not appear. However, similar concepts were developed by British and French lawyers in the 18th century. Instead of "public domain", they use terms like publici juris or propriÃÆ' Â © tÃÆ' Â © publique to describe works not covered by copyright law.
The phrase "falling in the public domain" can be traced back to the mid-19th century France to illustrate the end of the term copyright. French poet Alfred de Vigny likens the end of copyright with work that falls "into the sinkhole of the public domain" and if the public domain receives the attention of the intellectual property lawyer it is still treated as little more than that left when intellectual property rights, such as copyright , patent, and, expired or abandoned. In this historical context, Paul Torremans describes copyright as, "the small coral reef of a prominent private right of the ocean of the public domain." The copyright law differs by country, and American jurist Pamela Samuelson describes the public domain as "different sizes at different times in different countries".
Maps Public domain
Definitions
The definition of public domain boundaries in relation to copyright, or more common intellectual property, considers the public domain as a negative space; that is to say, it consists of works that are no longer in copyright terms or are never protected by copyright law. According to James Boyle, this definition underlines the general use of the term public domain and likens the public domain to public property and works in copyright for private property. However, the use of the term public domain may be more detailed, including for example the use of copyrighted work permitted by copyright exclusions. Such a definition considers work in copyright as private property subject to fair use rights and ownership restrictions. The conceptual definition comes from Lange, which focuses on what should be the public domain: "it must be a sanctuary for individual creative expression, a shelter that affords affirmative protection against the power of private appropriation that threatens that expression." Patterson and Lindberg describe the public domain not as a "territory," but as a concept: "[T] here is certain matter - the air we breathe, the sun, the rain, the space, the life, the creations, the thoughts, the feelings, the ideas, words, numbers - are not subject to private property The materials that make up our cultural heritage should be free for all living things to be used no less than the material needed for biological survival. "The term public domain can also be alternately used in terms of others that are inappropriate or undefined like "public sphere" or "general", including concepts such as "commons of the mind", "intellectual commons", and "information commons".
Public domains by media
Public domain book
Public domain books are books without copyright, books made without licenses, or books whose copyright has expired or has been forfeited. Any books and stories written before 1923 (or 1947 in some countries) exist in the public domain, among them every book written by Jane Austen, Lewis Carroll, Edgar Allan Poe, and H. G. Wells.
Public domain music
Music has been created and played by humans for thousands of years. An object identified as a flute may (the Divje Babe Flute) is more than 40,000 years old. Even if humans have musical instruments and make music, there is a need for a musical notation system to be able to retain songs through writing. The first such system, the music of Mesopotamia notation system, was created 4000 years ago. In the 10th century Guido of Arezzo introduced Latin music notation. All of this lays the foundation for the preservation of global music belonging to the public domain since the beginning of music history to date.
The Musopen project records music in the public domain for the purposes of making music available to the general public in high quality audio formats. Online music archives preserve the classical music collection recorded by Museopen and offer it for download/distribution as a public service.
Movies public domain
Movies public-domain are movies released to the public domain by the author or because their copyright has expired. In 2016 there are more than 2,000 movies in the public domain in every genre, from musical to romance, horror to animated movies and noir to western movies.
Value
Pamela Samuelson has identified eight "values" that can emerge from information and work in the public domain.
Possible values ​​include:
- Building blocks for the creation of new knowledge, for example including data, facts, ideas, theories, and scientific principles.
- Access to cultural heritage through information sources such as ancient Greek texts and Mozart symphonies.
- Promote education, through dissemination of information, ideas, and scientific principles.
- Enabling follow-up innovations, through eg expired patents and copyright.
- Enabling low-cost access to information without the need to place an owner or negotiate a waiver of rights and pay royalties, for example through expired copyrights or patents, and compilation of unauthentic data.
- Promote public health and safety through information and scientific principles.
- Promote the process and value of democracy, through news, laws, regulations, and judicial opinions.
- Enabling competitive imitations, such as expiry patents and copyrights, or publicly disclosed technologies that are not eligible for patent protection.
Relationships with derivative works
Derivative works include translations, musical arrangements, and dramatization of a work, as well as other forms of transformation or adaptation. Copyrighted works may not be used for derivative works without the permission of the copyright owner, while public domain works may be used freely for derivative works without permission. Works of art that are public domains can also be reproduced photographically or artistically or used as the basis of new and interpretive works. Works originating from public domain works may be copyrighted.
After work entered into the public domain, derivative works such as adaptations in books and movies can rise prominently, as happened with Frances Hodgson Burnett's
Permanent copy
Some works may never fully enter the public domain. The eternal crown copyright is held for the King James Version of the Bible in the United Kingdom.
While copyrights from Peter Pan working with JM Barrie (Peter Pan drama or Peter's Will Not Grow Up and Peter and Wendy's novel) have expired in the United Kingdom, it's given special exemptions under the Copyright, Design and Patent Act 1988 (Schedule 6) requiring royalties to be paid for commercial performances, publications and broadcasts of the Peter Pan story in the United Kingdom, during the Great Ormond Street Hospital (to whom Barrie authorizes ) persist.
Public domain marks
Creative Commons is proposed in 2010 Public Domain Mark (PDM) as a symbol to indicate that a work is free of known copyright restrictions and therefore in the public domain. Public domain alerts are analogous to copyright symbols, which act as copyright notices. The Eropaana database uses it, and for example in Wikimedia Commons in February 2016 2.9 million works (~ 10% of all works) are listed as PDM .
Apps to copyrighted works
Jobs are not covered by copyright law
The underlying idea that is expressed or manifested in the creation of a work can not generally be the subject of copyright law (see dividing the ideas). Mathematical formulas will therefore generally be part of the public domain, to the extent that their expression in the form of software is not protected by copyright.
Jobs created before copyright and patent laws are also part of the public domain. For example, the Bible and Archimedes' discoveries are in the public domain, but copyright may exist in translations, or new formulations, or digital editions of these works, so for example most translations of the Bible into foreign languages ​​and this digital edition are copyrighted.
End of copyright
The determination of whether or not the copyright has expired depends on the copyright checks in the country of origin.
In the United States, determining whether a work has entered the public domain or is still in copyright can be very complicated, especially since copyright provisions have been extended several times and in different ways - shifted during the 20th century from a fixed -term based on the first publication , with the possibility of extending the period, up to 50, then 70, years after the author's death. The claim that "pre-1923 works are in the public domain" is only true for published works; unpublished works are under federal copyright for at least the author's life plus 70 years.
In most other countries that sign the Berne Convention, the term copyright is based on the author's life, and extends to 50 or 70 years after the author's death. (See the long list of copyrights of countries.)
The legal tradition is different about whether jobs in the public domain can be restored. In the European Union, the Copyright Duration Guidelines are applied retroactively, restoring and extending copyright provisions of material previously existing in the public domain. Long-term extensions by the US and Australia generally have not removed the work from the public domain, but rather delayed adding to the work for it. However, the United States moved away from that tradition with the Uruguay Round Agreement Act, which removes from the public domain many foreign works that were previously not copyrighted in the US for failing to comply with US-based formality requirements. As a result, in the US, works originating from abroad and works sourced from the US are now treated differently, with works that are sourced from abroad retained under copyright regardless of adherence to formality, while the works originating in the country may be in the public domain if they fail to comply with the pre-existing formalities requirement - a situation described as bizarre by some scholars, and unfair by some US-based rights holders.
Government Jobs
The work of the United States Government and other governments is excluded from copyright laws and can therefore be considered to be in the public domain of their respective countries. They may also be in the public domain in other countries as well. Law scholar Melville Nimmer has written that "it is axiomatic that the material in the public domain is not protected by copyright, even when it is inserted into copyrighted work".
Dedicate the work to the public domain
Released without copyright notification
Prior to 1988 in the US, the work could be easily granted to the public domain only by releasing it without explicit Copyright notice. By the Berne Convention Act of 1988 (and the earlier Copyright Act of 1976, valid in 1978), all works are copyright protected by default and need to be actively granted to the public domain with an abandonment/anti-rights statement copyright can be a notification call. Not all legal systems have a process for making a trusted donation to the public domain, e.g. European civil law. It can even "effectively prohibit any attempt by the copyright owner to surrender the rights that are automatically granted by law, especially moral rights".
Public domain like license
Another alternative is for copyright holders to issue irrevocable licenses to grant as many rights as possible to the general public. Real public domains make licenses unnecessary, as no owner/author is required to grant permissions ("Culture permissions"). There are several licenses that aim to release the work to the public domain. In 2000, WTFPL was released as a public domain such as software licenses. In 2009 Creative Commons released cc0, which is made for compatibility with legal domains that do not have the concept of dedicating to the public domain . This is achieved by public domain waiver statements and all-permissive retreat licenses, in which case the waiver is not possible. The Unlicense, published around 2010, has a focus on Anti-copyright messages. The Unlicense offers public domain neglect texts with public domain licenses like returns inspired by permissive licenses but without attribution.
In October 2014, the Open Knowledge Foundation recommends a Creative Commons CC0 license to dedicate content to the public domain, and Open Data Commons Public Domain Dedication and License (PDDL) for data.
Patent
In most countries, the patent is 20 years, after the discovery becomes part of the public domain. In the United States, the content of a patent is considered valid and is valid for 20 years from the date of filing in the United States or 20 years from the earliest filing date if under 35 USC 120, 121, or 365 (c). However, the text and any illustrations in the patent, provided that the illustrations are essentially line drawings and do not substantively reflect the "personality" of the person who drew them, not subject to copyright protection. This is separated from the patent rights just mentioned.
Trademark
Trademark registration may remain in effect indefinitely, or expire regardless of age. For trademark registration to remain valid, the owner must continue to use it. In some circumstances, such as not being used, failure to assert trademark rights, or public usage without regard to intended use, it can be generic, and therefore part of the public domain.
Because trademarks are registered with the government, some countries or trademark notices may recognize the brand, while others may have determined that the brand is generic and not allowed as a trademark in the registry. For example, the drug "acetylsalicylic acid" (2-acetoxybenzoic acid) is better known as aspirin in the United States - a general term. In Canada, however, "Aspirin", with a capital letter A, is still a trademark of the German company Bayer, while aspirin, with a lowercase "a", is not. Bayer lost its trademarks in the United States, Britain and France after World War I, as part of the Treaty of Versailles. So many artificial products entered the market during a war that was considered generic only three years later.
Bayer also lost trademarks in the same jurisdiction to "Heroin" trademarked a year before the Aspirin trademark.
Although Hormel resigned to genericide, Hormel resigned from another company to register "spam" as a trademark in relation to computer products.
Public Domain Day
Public Domain Day is obedience when copyright ends and works entered into the public domain. This copyright transition of work to the public domain typically occurs annually on 1 January based on the individual copyright laws of each country.
The observation of "Public Domain Day" was initially informal; the earliest known mention is in 2004 by Wallace McLean (a Canadian public domain activist), with support for the idea echoed by Lawrence Lessig. Beginning January 1, 2010, a Public Domain website contains a list of authors whose work enters the public domain. There are activities in countries around the world by various organizations under the banner of Public Domain Day.
See also
References
External links
- Internet Archive
- RetroFilm Vault Public Domain Groups Archive
- Public Domain Review
- Public Domain Studies Center, Duke University
Source of the article : Wikipedia
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