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Public domain


 

The public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests. This body of information and creativity is considered to be part of the common cultural and intellectual heritage of humanity, which in general anyone may use or exploit.

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. There may be no laws which establish proprietary rights in relation to the work, or the work or its subject matter may be specifically excluded from existing laws.

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The underlying idea which is expressed or manifested in the creation of a work generally cannot be the subject of intellectual property laws (see idea-expression divide). Mathematical formulas will therefore generally form part of the public domain, to the extent that their application in the form of software is not protected.

Related Topics:
Idea - Idea-expression divide

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Works created before the application of intellectual property laws also form part of the public domain. The Bible and Qu'ran, the works of William Shakespeare and Ludwig van Beethoven and the inventions of Archimedes entered the "public domain" long ago. However, intellectual property rights may subsist in translations or new formulations of these works.

Related Topics:
Bible - Qu'ran - William Shakespeare - Ludwig van Beethoven - Archimedes - Translation

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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 protection is granted for databases, even those containing mere facts. A database protection regime is in place in the European Union.

Related Topics:
Database protection regime - European Union

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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.

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Creative Commons http://www.creativecommons.org/, an organization which promotes the migration of works into the public domain, and copyleft licensing schemes, considers that:

Related Topics:
Creative Commons - Copyleft

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"Public access to literature, art, music, and film is essential to preserving and building on our cultural heritage. Many of the most important works of American culture have drawn upon the creative potential of the public domain. Frank Capra's It's a Wonderful Life is a classic example of a film that did not enjoy popular success until it entered the public domain. Other icons such as Snow White, Pinocchio, Santa Claus and Uncle Sam grew out of public domain figures."

Related Topics:
American culture - Frank Capra - It's a Wonderful Life - Snow White - Pinocchio - Santa Claus - Uncle Sam

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~ Table of Content ~

Introduction
No legal restriction on use
Expiration
Disclaimer of interest
Public Domain and the Internet
See also
Sources
External links

 

 

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