Cultivating the Public Domain - Revision history

Mike Linksvayer: Reverted edits by CCeditman (talk) to last revision by Careindeed

2013-09-15T20:35:20Z

Reverted edits by CCeditman (talk) to last revision by Careindeed

CCeditman at 02:06, 8 June 2013

2013-06-08T02:06:19Z

Careindeed at 19:17, 6 April 2013

2013-04-06T19:17:38Z

Arikos at 05:46, 21 May 2012

2012-05-21T05:46:30Z

Nangherman at 15:56, 4 May 2012

2012-05-04T15:56:25Z

Nangherman at 15:55, 4 May 2012

2012-05-04T15:55:27Z

Darinvega at 13:55, 12 April 2012

2012-04-12T13:55:28Z

TarzanASG: Undo revision 56323 by AlbertPatino (talk)

2012-04-10T14:45:49Z

Undo revision 56323 by AlbertPatino (talk)

AlbertPatino at 13:48, 10 April 2012

2012-04-10T13:48:30Z

TarzanASG: rvv

2012-04-05T01:55:44Z

rvv

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 [2] Copyright Act of 1976, Pub. L. 94-553, §§405-406, 90 Stat. 2541; see also U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work.
-[3] Berne Convention Implementation Act of 1988, Pub. L. 100-568, §7, 102 Stat. 2853 (amending 17 U.S.C. §§401-06); U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work. Although notice is no longer a prerequisite for copyright, it does offer an advantage to the copyright holder in the event of[http://www.teamlaw.com litigation]. Specifically, if proper notice appeared on an infringed work, the infringer may not use the defense of innocent infringement to mitigate damages. 17 U.S.C. §401(d).
+[3] Berne Convention Implementation Act of 1988, Pub. L. 100-568, §7, 102 Stat. 2853 (amending 17 U.S.C. §§401-06); U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work. Although notice is no longer a prerequisite for copyright, it does offer an advantage to the copyright holder in the event of litigation. Specifically, if proper notice appeared on an infringed work, the infringer may not use the defense of innocent infringement to mitigate damages. 17 U.S.C. §401(d).
 [4] 17 U.S.C. §102.

@@ Line 22: / Line 22: @@
 [2] Copyright Act of 1976, Pub. L. 94-553, §§405-406, 90 Stat. 2541; see also U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work.
-[3] Berne Convention Implementation Act of 1988, Pub. L. 100-568, §7, 102 Stat. 2853 (amending 17 U.S.C. §§401-06); U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work. Although notice is no longer a prerequisite for copyright, it does offer an advantage to the copyright holder in the event of litigation. Specifically, if proper notice appeared on an infringed work, the infringer may not use the defense of innocent infringement to mitigate damages. 17 U.S.C. §401(d).
+[3] Berne Convention Implementation Act of 1988, Pub. L. 100-568, §7, 102 Stat. 2853 (amending 17 U.S.C. §§401-06); U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work. Although notice is no longer a prerequisite for copyright, it does offer an advantage to the copyright holder in the event of[http://www.teamlaw.com litigation]. Specifically, if proper notice appeared on an infringed work, the infringer may not use the defense of innocent infringement to mitigate damages. 17 U.S.C. §401(d).
 [4] 17 U.S.C. §102.

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 ''Originally published at http://web.archive.org/web/20021217080646/ http://creativecommons.org/learn/legal/cultivating''
-Before 1978, U.S. law made non-copyright status the default for published creative works. “[C]opyright protection was lost permanently if the [copyright] notice was omitted from the first authorized published edition of a work or if it appeared in the wrong form or position. . . . [A] basic failure to comply with the notice provisions forfeited copyright protection and put the work into the public domain in this country.”[1] If the author did not take the trouble to put a copyright notice on her work, it passed into the public domain once published. Public domain status was the default.
+Before 1978, U.S. law made non-copyright status the default for published creative works. “[C]opyright protection was lost permanently if the [copyright] notice was omitted from the first authorized published edition of a work or if it appeared in the wrong form or position. . . . [A] basic failure to comply with the notice provisions forfeited copyright protection and put the work into the public [http://www.citidomain.net domain] in this country.”[1] If the author did not take the trouble to put a copyright notice on her work, it passed into the public domain once published. Public domain status was the default.
 After January 1, 1978 (the effective date of the Copyright Act of 1976), omission of a copyright notice could later be corrected, and thus did not result in outright forfeiture of copyright.[2] As of March 1, 1989 (the effective date of the Berne Convention Implementation Act of 1988), notice of copyright is now entirely optional. [3] Today, copyright status, rather than public domain status, is the default for all “original works of authorship fixed in any tangible medium of expression.” [4] As the Copyright Office puts it, “copyright is an incident of creative authorship not dependent on statutory formalities.”[5]

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 [8] See generally U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work (cautioning that “[t]he complete absence of any information about a work in the [Copyright] Office records does not mean that the work is unprotected”).
-[9] The Copyright Office currently maintains no list of public domain works. See U.S. Copyright Office, Questions Frequently Asked in the [http://www.loc.gov/copyright/faq.html#q11 Copyright Office Public Information Section], at #11.
+[9] The Copyright Office currently maintains no list of public domain works. See U.S. Copyright Office, Questions Frequently Asked in the [http://www.loc.gov/copyright/faq.html#q11 Copyright Office Public Information Sec][http://www.ksaday.com/2012/05/situs-download-lagu-akan-dihapus.html tion], at #11.
-[10] See [http://www.fsf.org/licenses/licenses.html GNU General Public License].
+[10] See [http://www.fsf.org/licenses/licenses.html GNU General Public Licen][http://www.ksaday.com/2012/05/games-gratis.html se].
 [11] See [http://www.eff.org/IP/Open_licenses/eff_oal.html EFF Open Audio License], see also, e.g., [http://dsl.org/copyleft/dsl.txt Design Science License], [http://opencontent.org/openpub/ Open Publication License], [http://www.publiclibraryofscience.org/ploslicense.htm Public Library of Science Open Access License], [http://www.gnu.org/copyleft/fdl.html GNU Free Documentation License], [http://openmusic.linuxtag.org/showitem.php?item=209 Open Music License].

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-[1] U.S. Copyright Office, Circular 22: [http://www.loc.gov/copyright/circs/circ22.html How to Investigate the Copyright Status of] [http://www.ksaday.com a] ][http://www.planetsofts.com Work], see also, e.g., Canfield v. Ponchatoula Times, 759 F.2d 493, 497 (5th Cir. 1985); Burke v. Nat. Broad. Co., Inc., 598 F.2d 688, 691 (1st Cir. 1979).
+[1] U.S. Copyright Office, Circular 22: [http://www.loc.gov/copyright/circs/circ22.html How to Investigate the Copyright Status of] [http://www.ksaday.com a] [http://www.planetsofts.com Work], see also, e.g., Canfield v. Ponchatoula Times, 759 F.2d 493, 497 (5th Cir. 1985); Burke v. Nat. Broad. Co., Inc., 598 F.2d 688, 691 (1st Cir. 1979).
 [2] Copyright Act of 1976, Pub. L. 94-553, §§405-406, 90 Stat. 2541; see also U.S. Copyright Office, Circular 22: How to Investigate the Copyright Status of a Work.

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 Some copyright holders may be unwilling to free their work to the public domain before their copyright expires, but happy to relinquish some of the rights that copyright affords them. Copyright holders with the resources to negotiate licenses can voluntarily cede some of their rights. And organizations like the Free Software Foundation offer ready-made licenses that authors may use to give the public permission to copy and distribute copyrighted works (primarily software) without seeking the authors’ permission, so long as certain conditions are observed. [10]
-Inspired in part by the work of the [http://www.planetsofts.com Free Software Download] Foundation, Creative Commons plans to build a menu of customizable licenses appropriate for use by other types of creators who want to retain some rights while sharing their work with the public on terms more generous than copyright. We hope to draw attention to and complement existing efforts like the Electronic Frontier Foundation’s Open Audio License; [11] and we hope to improve on such efforts by making it easier for potential re-users to identify works that they may safely use without worrying about the intricacies of fair use. Just as a work could be labeled “public domain” in a way that humans and machines could recognize, works could be labeled according to license terms like “This work may be used for any noncommercial purpose,” or “Derivative works may be created based on this work so long as the derivative works are licensed under these terms.” We envision a system of licensing and labeling that would make it possible, for example, for an artist compiling a digital collage easily to use a search engine to locate all online images that are freely available for copying and modification.
+Inspired in part by the work of the Free Software Foundation, Creative Commons plans to build a menu of customizable licenses appropriate for use by other types of creators who want to retain some rights while sharing their work with the public on terms more generous than copyright. We hope to draw attention to and complement existing efforts like the Electronic Frontier Foundation’s Open Audio License; [11] and we hope to improve on such efforts by making it easier for potential re-users to identify works that they may safely use without worrying about the intricacies of fair use. Just as a work could be labeled “public domain” in a way that humans and machines could recognize, works could be labeled according to license terms like “This work may be used for any noncommercial purpose,” or “Derivative works may be created based on this work so long as the derivative works are licensed under these terms.” We envision a system of licensing and labeling that would make it possible, for example, for an artist compiling a digital collage easily to use a search engine to locate all online images that are freely available for copying and modification.
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