Creative Commons - User contributions [en]

Public domain

2012-11-21T18:09:01Z

Cross Michael Adam:

When a work is in the public domain, it is free for use by anyone for any purpose without restriction under copyright law. Public domain is the purest form of open/free, since no one owns or controls the material in any way.

Works that are in the public domain in one legal jurisdiction are not necessarily in the public domain worldwide. Copyright laws differ from jurisdiction to jurisdiction, both in duration of protection and what constitutes copyrightable subject matter. For example, [http://www.usa.gov/copyright.shtml a US Government work] -- clearly in the public domain in the United States -- may or may not be free of copyright restrictions and in the public domain in other jurisdictions. At present, one of the only ways to be certain that a particular work is in the public domain worldwide is to see if the copyright holder has dedicated all rights to the work to the public domain by using [http://creativecommons.org/about/cc0 CC0].

Creative Commons licenses do not affect the status of a work that is in the public domain under applicable law, because our licenses only apply to works that are protected by copyright. For more information, see [[Before Licensing| our Licensing Guide]] to what you should know before you license a work using CC licenses.

Find out more about [http://creativecommons.org/publicdomain CC's public domain tools], and learn more about [http://en.wikipedia.org/wiki/Public_domain the public] [http://formabest.blogspot.com/ domain].

== When does a work enter the public domain? ==

This varies by country. To see when a work in the [[United States]] enters the public domain, see [http://www.copyright.gov/pr/pdomain.html copyright.gov's public domain page].

Cornell University has also provided a [http://www.copyright.cornell.edu/public_domain/ handy table about copyright term and the public domain] in the United States.

== Creative Commons public domain tools ==

* [[CC0]] (occasionally written as CC Zero) is a public domain dedication that allows copyright holders to place works in the public domain to the extent legally possible, worldwide.
* CC's [http://creativecommons.org/publicdomain/mark/1.0/ Public Domain Mark] allows anyone to mark a work that is already free of copyright restrictions around the world.

See http://creativecommons.org/publicdomain for more information on CC's public domain tools.

Public domain content in practice is any content without copyright. It may be deliberately freed from restrictions by the copyright owner, or the copyright may lapse after a certain time. [[http://www.serre-factory.com site]]

The legal details in practice vary between countries. More information about public domain can be found at [http://en.wikipedia.org/wiki/Public_domain Wikipedia's article on the public domain][http://wallputih.blogspot.com .]

== Appropedia's Public Domain Search ==

[http://www.appropedia.org/Appropedia%27s_Public_Domain_Search Appropedia's Public Domain] [http://devi-kunyai.blogspot.com Search] was started in late 2007 when it was discovered there was no effective public domain search available. This operates on a completely different method to searches using the Creative Commons marks. It uses a manually maintained index of sites known to be public domain - thus it is does not yield 100% public domain results, and content must be checked to confirm public domain status. Reliability is expected to improve, and feedback by users is encouraged.[[http://www.bestjuicer.biz site]]

As CC public domain tools become widely used, searches based on the CC marks would be expected to take over from Appropedia's Public Domain Search.

== See also ==

* [[Cultivating the Public Domain]]

{{Translations
| articles = Hr:Javno dobro, Pt:Domínio público, Ru:Общественное достояние
}}

[[Category:Public domain]]

4.0

2012-11-21T18:05:37Z

Cross Michael Adam:

CC is embarking on a versioning process for its core license suite, which we expect will result in version 4.0. The first public discussions of 4.0 were held at CC's [[Global Summit 2011]]. The public process was kicked off with a [http://devi-kunyai.blogspot.com/ blog] [http://creativecommons.org/weblog/entry/29639?utm_campaign=newsletter_1111&utm_medium=blog&utm_source=newsletter post] laying out some of the key reasons for pursuing 4.0 at this time.

Since CC's launch in 2002, it has versioned its core license suite [[license versions|three times]], the last ([[Version 3|3.0]]) in early 2007. CC licenses constitute a [http://creativecommons.org/who-uses-cc globally-recognized framework][http://tsanioke2.blogspot.com ,] developed in consultation with legal experts and CC affiliate institutions in [http://wiki.creativecommons.org/CC_Affiliate_Network over 70 jurisdictions]. Over 500 million CC-licensed works have been published by their authors on the Internet. Today, Creative Commons licenses, public domain tools, and supporting technologies are the global standard for sharing across culture, education, government, science, and more.

Version 4.0 is a tremendous opportunity to ensure the license suite is ideally crafted to further CC's [http://creativecommons.org/about vision] [http://formabest.blogspot.com/ and] [http://creativecommons.org/about mission] over the next decades. Please participate in this important discussion.

=== Goals and objectives ===

Creative Commons staff, board and community have to date identified several goals for the next version of its core license suite tied to achieving CC's goal and mission. These include:

:: ''Internationalization'' – further adapt the core suite of international licenses to operate globally, ensuring they are robust, enforceable and easily adopted worldwide;

:: ''Interoperability'' – maximize interoperability between CC licenses and other licenses to reduce friction within the commons, promote standards and stem license proliferation;

:: ''Long-lasting'' — anticipate new and changing adoption opportunities and legal challenges, allowing the new suite of licenses to endure for the foreseeable future;

:: ''Data/PSI/Science/Education'' — recognize and address impediments to adoption of CC by governments as well as other important, publicly-minded institutions in these and other critical arenas; and

:: ''Supporting Existing Adoption Models and Frameworks'' – remain mindful of and accommodate the needs of our existing community of adopters leveraging pre-4.0 licenses, including governments but also other important constituencies.

=== Organization and purpose of this wiki ===

This wiki is the central location for documenting key discussion topics and suggestions for improving the license suite in version 4.0, together with supporting information and relevant links. It is intended to supplement, not replace, the CC license discuss email list [http://lists.ibiblio.org/mailman/listinfo/cc-licenses (subscribe)] that will serve as the main discussion forum for the versioning process just as it has with prior versioning efforts.

CC has pre-populated the wiki with key topics identified to date. We ask contributors to be thoughtful about placement of additional and related topics, and the creation of new pages altogether. Before starting a new page, consider posting the suggestion to the [[4.0/Sandbox|Sandbox]]. We would also prefer that contributors use their real names when editing the wiki.

=== Process ===

As a license steward and steward of the commons, our goal for the process is to ensure utmost transparency and inclusiveness. The 4.0 process will be conducted in line with our prior versioning efforts, with periodic publication of license drafts for public comment and documentation of issue resolution as that occurs. One important difference from our past efforts, however, is a formal requirements gathering period that will run for a period of time prior to publication of the first draft. During this period, we strongly encourage the broadest participation possible by everyone with an interest in the commons and the role open licensing plays in its future.

The primary discussion forum for issues relating to the 4.0 versioning process will be the CC license discuss email list. Please [http://lists.ibiblio.org/mailman/listinfo/cc-licenses subscribe] and add your voice to this important effort.

=== Draft timeline ===
The dates noted below are approximate and subject to change. The number of drafts and public comment periods may vary depending on the number and type of issues raised and how they are resolved, among other things. Watch this page for updates, including major events such as affiliate regional meetings where 4.0 discussions will take place.

{| class="wikitable" style="width: 75%; height: 200px" border="1"
|-
| September 2011
| [https://creativecommons.org/weblog/entry/29639 Launch 4.0 process] at CC Global Summit
|-
| December 2011 thru mid-February 2012
| Requirements gathering period
|-
| April 2, 2012
| Publish [[4.0_Drafts| first draft of 4.0]]
|-
|April thru June 2012
| [http://wiki.creativecommons.org/4.0/Draft_1/Regional_calls Public comment] period #1
|-
| August 2012
| Publish [[4.0_Drafts| second draft of 4.0]]
|-
| August to early September 2012
| [http://wiki.creativecommons.org/4.0/Draft_2/Regional_calls Public comment] period #2
|-
| October 2012
| Publish third (and potentially last) draft of 4.0 (link to draft to be included here); begin porting consultation
|-
| October to November 2012
| Third (and potentially last) public comment period; porting consultation
|-
| November to December 2012
| Finalize and publish version 4.0 license suite
|}

=== Items for discussion ===

Various aspects of the license suite ''potentially'' could be improved in the version 4.0 licenses. We will gather and rigorously debate and analyze these items and corresponding proposals for handling them in version 4.0. We encourage the broadest possible engagement in this process. This is a particularly important goal during the requirements gathering stage when everyone is strongly encouraged (and our affiliates are expected) to provide feedback on proposed changes and suggest other changes they would like to see. Add, improve, and discuss specific items in the pages linked below.
'''If you do not find a suitable existing page and category for an item you would like to propose or discuss, please add it to the [[4.0/Sandbox]] where suggestions for new pages will be aggregated.'''

Finally, we encourage contributors to take the time to review [http://wiki.creativecommons.org/License_Versions prior versioning efforts], including relevant discussions of important topics previously debated by the CC community and discussions related to their resolution. Being aware of and taking those into account will be important to an effective and efficient process, particularly if a request is made to revisit and potentially change direction in 4.0.

{{#ask:[[Category:4.0 Issues]] [[:+]]
|mainlabel=Item/Category Name
|format=broadtable|
}}
Related pages
:[[4.0/Sandbox]]
:[[Porting Project]]
:[[4.0 Drafts]]
:[[4.0/Draft_1]]
:[[4.0/Draft_2]]

Legal Concepts

2012-11-21T18:01:10Z

Cross Michael Adam:

[[Category:Legal]]
[[Category:Probably outdated]]

Read more about the fundamental concepts that inspire Creative Commons: [http://creativecommons.org/about/legal/#pd the public domain], [http://creativecommons.org/about/legal/#commons the commons], [http://creativecommons.org/about/legal/#opencontent open content], and [http://creativecommons.org/about/legal/#ip intellectual property conservancies].

==The Public Domain==

Creativity and innovation rely on a rich heritage of prior intellectual endeavor. We stand on the shoulders of giants by revisiting, reusing, and transforming the ideas and works of our peers and predecessors. Digital communications promise a new explosion of this kind of collaborative creative activity. But at the same time, expanding intellectual property protection leaves fewer and fewer creative works in the “public domain” — the body of creative material unfettered by law and, to quote Supreme Court Justice Louis Brandeis, “free as the air to common use.”

Until 1976, creative works were not protected by U.S. copyright law unless their authors took the trouble to publish a copyright notice along with them. Works not affixed with a notice passed into the public domain. Following legislative changes in 1976 and 1988, creative works are now automatically copyrighted. We believe that many people would not choose this “copyright by default” if they had an easy mechanism for turning their work over to the public or exercising some but not all of their legal rights. It is Creative Commons’ goal to help create such a mechanism.

===Background on and examples of the value of the public domain===
*“[[Cultivating the Public Domain]],” Creative Commons White Paper.

*[http://www.law.duke.edu/pd/papers.html Conference on the Public Domain], Duke Law School (collected conference papers).

*“[http://www.edwardsamuels.com/copyright/beyond/articles/public.html The Public Domain in Copyright Law],” Edward Samuels, 41 Journal of the Copyright Society 137 (1993).

*“[http://www.law.nyu.edu/ili/conferences/freeinfo2000/abstracts/eisengberg.html The Public Domain in Genomics],” Rebecca A. Eisenberg (2000).

*“[http://www.pipeline.com/~rabaron/VRA-TM-SF-PublicDomain.htm Making the Public] [http://formabest.blogspot.com/ Domain] [http://www.pipeline.com/~rabaron/VRA-TM-SF-PublicDomain.htm Public],” Robert A. Baron (revised Apr. 28, 2000).

*[http://www.gutenberg.net Project Gutenberg]

*[http://www.ibiblio.org/eldritch Eldritch Press]

===Organizations that support the public domain===
*[http://www.culturalpolicy.org/commons/directorydetail.cfm?ID=139 Center for the Public Domain]

*[http://www.publicknowledge.org/ Public Knowledge]

*[http://www.public-domain.org/ Union for the Public Domain]

*[http://www.unesco.org/webworld/index.shtml UNESCO, Communication and Information in the Knowledge Society]

===The public domain in the news===
*“[http://www.villagevoice.com/issues/0216/stirland.php Other People’s Property],” Sarah Lai Stirland, Village Voice (Apr. 2002).

==The Commons==
Related to the public domain is the more general idea of “the commons” — resources that are not divided into individual bits of property but rather are jointly held so that anyone may use them without special permission. Think of public streets, parks, waterways, outer space, and creative works in the public domain — all of these things are, in a way, part of the commons.

The “tragedy of the commons” is the familiar notion that widespread public use of a commons leads to its inevitable depletion. But some resources, once created, cannot be depleted. In the words of Thomas Jefferson, “He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine receives light without darkening me.” An idea is not diminished when more people use it. Creative Commons aspires to cultivate a commons in which people can feel free to reuse not only ideas, but also words, images, and music without asking permission — because permission has already been granted to everyone.

===Background on the value of the commons===

*“[http://www.bollier.org/pdf/PA_Report.pdf Public Assets, Private Profits],” David Bollier (2001).

*“[http://www.yesmagazine.com/18Commons/ Reclaiming the Commons],” Yes! Magazine (Summer 2001).

*“[http://cyber.law.harvard.edu/events/lessigkeynote.pdf Reclaiming a Commons],” Lawrence Lessig (May 1999).

==Open Content==
The free software and open source software communities have inspired what is sometimes called “open content.” Some copyright holders have made books, music, and other creative works available under licenses that give anyone permission to copy and make other uses of the works without specific permission or a royalty payment. Creative Commons hopes to build on the work of these pioneers by creating a menu of license provisions that people can combine to make their work available for copying and creative reuses.

===Background===
*“[http://www.wikipedia.com/wiki/Open_content Open content],” Wikipedia Encyclopedia.

*“[http://www.linuxjournal.com/article.php?sid=4709 Why Open Content Matters],” Bryan Pfaffenberger, Linux Journal (Apr. 11, 2001).

*“[http://cyber.law.harvard.edu/projects/opencontent.html Open Content],” Berkman Center for Internet & Society.

===Licenses===

*[http://www.gnu.org/licenses/dsl.html Design Science License]

*[http://artlibre.org/licence/lalgb.html Free Art License]

*[http://www.fmpl.org/ Free Music Public License]

*[http://opencontent.org/opl.shtml Open Content License]

*[http://openmusic.linuxtag.org/showitem.php?item=209 Open Music License]

*[http://opencontent.org/openpub/ Open Publication License]

*[http://www.gnu.org/copyleft/fdl.html GNU Free Documentation License]

==Intellectual Property Conservancies==
As we help people make their work available with public domain dedications and generous licenses, we will also build an “intellectual property conservancy.” Like a land trust or nature preserve, the conservancy will serve to protect works of special public value from exclusionary private ownership and from obsolescence due to neglect or technological change. We will encourage people to donate their works to Creative Commons to be held in public trust; in some cases, we may purchase important works to help guarantee both their integrity and widespread availability. Our ultimate goal is to develop a rich repository of high-quality works in a variety of media, and to promote an ethos of sharing, public education, and creative interactivity.

===Background on intellectual property conservancies===

*“[http://www.dlib.org/dlib/october01/kahle/10kahle.html Public Access to Digital Material],” Brewster Kahle, Rick Prelinger, and Mary E. Jackson (Mar. 5, 2001).

*“[http://www.dlib.org/dlib/december00/bearman/12bearman.html Intellectual Property Conservancies],” David Bearman, D-Lib Magazine (Dec. 2000).

*“[http://www.wired.com/wired/archive/9.12/lessig_pr.html May the Source Be With You],” Lawrence Lessig, Wired (Sept. 12, 2001).

*[http://www.tsc.org/ The] [http://devi-kunyai.blogspot.com/ Software] [http://www.tsc.org/ Conservancy]