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| St Aiden's Homeschool South Africa : Rainbow Nation |
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| Public Domain Explanation |
The public domain is a range of abstract materials—commonly referred to as
intellectual property—which are not owned or controlled by anyone. The term
indicates that these materials are therefore "public property", and available for
anyone to use for any purpose. 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. Furthermore, 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.
The public domain is most often discussed in contrast to works whose use is
restricted by copyright. 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. It is estimated that currently, of all the books found in the
world's libraries, only about 15% are in the public domain, even though only 10% of
all books are still in print; the remaining 75% are books which remain unavailable
because they are still under copyright protection.
The public domain can also be defined in contrast to trademarks. 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. New inventions can be registered
and granted patents restricting others from using the inventions 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.
No legal restriction on use
A creative work is said to be in the public domain if there are no laws which
restrict its use by the public at large. For instance, a work may be in the public
domain if no laws establish proprietary rights over the work, or if the work or its
subject matter are specifically excluded from existing laws.
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).
Mathematical formulæ 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.[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. However, copyright may exist in translations or new formulations of these
works.
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.
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.[4] They may also be in the public domain in
other countries as well. "It is axiomatic that material in the public domain is not
protected by copyright, even when incorporated into a copyrighted work."
intellectual property—which are not owned or controlled by anyone. The term
indicates that these materials are therefore "public property", and available for
anyone to use for any purpose. 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. Furthermore, 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.
The public domain is most often discussed in contrast to works whose use is
restricted by copyright. 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. It is estimated that currently, of all the books found in the
world's libraries, only about 15% are in the public domain, even though only 10% of
all books are still in print; the remaining 75% are books which remain unavailable
because they are still under copyright protection.
The public domain can also be defined in contrast to trademarks. 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. New inventions can be registered
and granted patents restricting others from using the inventions 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.
No legal restriction on use
A creative work is said to be in the public domain if there are no laws which
restrict its use by the public at large. For instance, a work may be in the public
domain if no laws establish proprietary rights over the work, or if the work or its
subject matter are specifically excluded from existing laws.
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).
Mathematical formulæ 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.[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. However, copyright may exist in translations or new formulations of these
works.
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.
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.[4] They may also be in the public domain in
other countries as well. "It is axiomatic that material in the public domain is not
protected by copyright, even when incorporated into a copyrighted work."
| <a href="http://en.wikipedia.org/wiki/Public_domain">Wikipedia</a> |