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Copyright and the Public Domain
Dr. Lucie GuibaultEIFL Webinar 29 November 2012
Institute for Information Law
Content
Definition of the Public Domain Importance of the Public Domain Threats to access and re-use of Public Domain
material Possible solutions
L. Guibault – Copyright and Public Domain 2
3
Definition
Structural Public Domain includes:
Works of authorship where the copyright
protection has expired
Information that is not covered by copyright
because not sufficiently original Voluntary commons and user privileges
L. Guibault – Copyright and Public Domain
Importance of the Public Domain
‘If I have seen further, it is by standing on shoulders of giants’ – Isaac Newton (1676)
Access to the public domain fosters learning, innovation and creation of new works.
L. Guibault – Copyright and Public Domain 4
No need to seek permission for any uses of the work, so members of the public may freely use public domain works, not only for nonprofit educational and library purposes but also for research, scholarship and even to commercially exploit the work.
L. Guibault – Copyright and Public Domain 5
Threats to access and re-use … 1 /
Term of protection
Expansion of duration of protection From 50 years p.m.a. to 70 years p.m.a. or more!
Lack of harmonization between countries
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L. Guibault – Copyright and Public Domain 7
http://en.wikipedia.org/wiki/File:World_copyright_terms.svg
Example: harmonization within the EU
Despite the adoption of Directive 2006/116/EC, there is no effective harmonization of term within the EU. Ex.: Lithuania has – because of transitory
provisions – a number of different terms of protection
See: www.outofcopyright.eu
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Consequence of lack of harmonization
Difficulty in calculating the term of protection
Due to subsequent extensions – unclear
transitory provisions
Obstacles to cross-border access and re-use
of PD works
L. Guibault – Copyright and Public Domain 9
Threats to access and re-use … 2 /
Tendency to (re)appropriate digitized public domain works through techniques, contracts or other rights:
Access/re-use encryption technology;
Contractual clauses preventing re-use;
Claim of other rights on digitized PD work
(database right, new copyright, property right)
L. Guibault – Copyright and Public Domain 10
Possible solutions
Reduce the term of protection (!!) Apply the principle that ‘what is in the PD must
remain in the PD’ Mark PD works as such: Ex: edm:rights Consider registration system Explore new ways to fund digitization efforts so
that institutions are not tempted to (re)appropriate PD works
L. Guibault – Copyright and Public Domain 11
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L. Guibault – Copyright and Public Domain 13