Public Rights: Copyright's Public Domains (Cambridge Intellectual Property and Information Law, Series Number 45)

Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law. In This Book We Examine Copyright Law Primarily From The Perspective Of The Users Of Works (in Aggregate, 'the Public'), Rather Than From The Usual Perspective Of Authors Or Copyright Owners. The Central Question We Ask Is 'what Can Users Do With Works, Without Obtaining The Permission Of A Copyright Owner?' By Putting The Rights And Abilities Of Users In The Foreground, Rather Than Relegating Them To What Is Left After The Exclusive Rights Are Exhausted, We Provide A New And Comprehensive Account Of Copyright's Public Domain, And Of The 'public Rights' Which Comprise It. We Regard The Public Domain As Not Just Important, But Essential: For Intellectual Development, For Public Discourse, And (not Least) For Replenishing The Sources Which Nourish Creativity. This Book Is A Global Examination, Because Copyright Public Domains Are Different In Every Country, In Ways Which Are Both Important And Complex. Nevertheless, There Are Globally Consistent Elements Arising From Both The Constraints Of International Copyright Law (sometimes Weaker Than Imagined), And From The More Recent Uniformities Arising From The Globalising Force Of The Internet And Its Primarily Expansive Effects On Public Domains. Without Claiming To Be Comprehensive, We Present Both The Global Elements Of The Copyright Public Domain, And The Great Extent Of Its National Diversities-- Graham Greenleaf, David Lindsay. Includes Bibliographical References And Index. "In this book we examine copyright law primarily from the perspective of the users of works (in aggregate, 'the public'), rather than from the usual perspective of authors or copyright owners. The central question we ask is 'what can users do with works, without obtaining the permission of a copyright owner?' By putting the rights and abilities of users in the foreground, rather than relegating them to what is left after the exclusive rights are exhausted, we provide a new and comprehensive account of copyright's public domain, and of the 'public rights' which comprise it. We regard the public domain as not just important, but essential: for intellectual development, for public discourse, and (not least) for replenishing the sources which nourish creativity. This book is a global examination, because copyright public domains are different in every country, in ways which are both important and complex. Nevertheless, there are globally consistent elements arising from both the constraints of international copyright law (sometimes weaker than imagined), and from the more recent uniformities arising from the globalising force of the Internet and its primarily expansive effects on public domains. Without claiming to be comprehensive, we present both the global elements of the copyright public domain, and the great extent of its national diversities"-- Provided by publisher Cover Half-title page Series page Title page Copyright page Contents Foreword Preface Acknowledgements Table of Cases Table of Legislation Table of International Instruments Part I What is the Copyright Public Domain? 1 The Copyright Public Domain – A New Approach 2 A Definition of the Copyright Public Domain 3 Categories of Public Rights Part II Constraints and Supports, Global and National 4 The Global Public Domain – Limits Imposed by International Law 5 The Global Public Domain – Exceptions and Enforcement 6 National Public Domains – Supports and Constraints Part III Public Domains: Categories of Public Rights 7 Works Outside Copyright Protection – Part I 8 Works Outside Copyright Protection – Part II 9 Works Where Copyright Has Expired 10 Non-Infringing Uses of Protected Works 11 Copyright Exceptions and Limitations – Comparative Approaches 12 Copyright Exceptions and Limitations – Categories 13 Compulsory Licensing – Variations 14 Compulsory Licensing – Subject Areas 15 Voluntary Licensing Creating Public Rights 16 The De Facto Public Domain – Internet-Enabled Public Rights Part IV Conclusions 17 Reform Agendas for the Copyright Public Domain Bibliography Index