Public Domain Manifesto

= The public domain should be public by default.

Read the Public Domain Manifesto via http://publicdomainmanifesto.org/node/8

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Excerpt without preamble and definitions:

General Principles

"In a period of rapid technological and social change the Public Domain fulfills an essential role in cultural participation and digital innovation, and therefore needs to be actively maintained. Active maintenance of the Public Domain needs to take into account a number of general principles. The following principles are essential to preserve a meaningful understanding of the Public Domain and to ensure that the Public Domain continues to function in the technological environment of the networked information society. With regard to the structural Public Domain these are as follows:

1. The Public Domain is the rule, copyright protection is the exception. Since copyright protection is granted only with respect to original forms of expression, the vast majority of data, information and ideas produced worldwide at any given time belongs to the Public Domain. In addition to information that is not eligible for protection, the Public Domain is enlarged every year by works whose term of protection expires. The combined application of the requirements for protection and the limited duration of the copyright protection contribute to the wealth of the Public Domain so as to ensure access to our shared culture and knowledge.

2. Copyright protection should last only as long as necessary to achieve a reasonable compromise between protecting and rewarding the author for his intellectual labour and safeguarding the public interest in the dissemination of culture and knowledge. From neither the perspective of the author nor the general public do any valid arguments exist (whether historical, economic, social or otherwise) in support of an exceedingly long term of copyright protection. While the author should be able to reap the fruits of his intellectual labour, the general public should not be deprived for an overly long period of time of the benefits of freely using those works.

3. What is in the Public Domain must remain in the Public Domain. Exclusive control over Public Domain works must not be reestablished by claiming exclusive rights in technical reproductions of the works, or using technical protection measures to limit access to technical reproductions of such works.

4. The lawful user of a digital copy of a Public Domain work should be free to (re-)use, copy and modify such work. The Public Domain status of a work does not necessarily mean that it must be made accessible to the public. The owners of physical works that are in the Public Domain are free to restrict access to such works. However once access to a work has been granted then there ought not be legal restrictions on the re-use, modification or reproduction of these works.

5. Contracts or technical protection measures that restrict access to and re-use of Public Domain works must not be enforced. The Public Domain status of a work guarantees the right to re-use, modify and reproduce. This also includes user prerogatives arising from exceptions and limitations, fair use and fair dealing, ensuring that these cannot be limited by contractual or technological means.

In addition, the following principles are at the core of the voluntary commons and user prerogatives described above:

1. The voluntary relinquishment of copyright and sharing of protected works are legitimate exercises of copyright exclusivity. Many authors entitled to copyright protection for their works do not wish to exercise these rights to their full extent or wish to relinquish these rights altogether. Such actions, provided that they are voluntary, are a legitimate exercise of copyright exclusivity and must not be hindered by law, by statute or by other mechanisms including moral rights.

2. Exceptions and limitations to copyright, fair use and fair dealing need to be actively maintained to ensure the effectiveness of the fundamental balance of copyright and the public interest. These mechanisms create user prerogatives that constitute the breathing space within the current copyright system. Given the rapid pace of change in both technology and society it is important that they remain capable of ensuring the functioning of essential social institutions and the social participation of individuals with special needs. Therefore, exceptions and limitations to copyright, fair use and fair dealing should be construed as evolutionary in nature and constantly adapted to account for the public interest.

In addition to these general principles, a number of issues relevant to the Public Domain must be addressed immediately. The following recommendations are aimed at protecting the Public Domain and ensuring that it can continue to function in a meaningful way. While these recommendations are applicable across the spectrum of copyright, they are of particular relevance to education, cultural heritage and scientific research.

General Recommendations

1. The term of copyright protection should be reduced. The excessive length of copyright protection combined with an absence of formalities is highly detrimental to the accessibility of our shared knowledge and culture. Moreover, it increases the occurrence of orphan works, works that are neither under the control of their authors nor part of the Public Domain, and in either case cannot be used. Thus, for new works the duration of copyright protection should be reduced to a more reasonable term.

2. Any change to the scope of copyright protection (including any new definition of protectable subject-matter or expansion of exclusive rights) needs to take into account the effects on the Public Domain. Any change of the scope of copyright protection must not be applied retroactively to works already subject to protection. Copyright is a time-limited exception to the Public Domain status of our shared culture and knowledge. In the 20th century its scope has been significantly extended, to accommodate the interests of a small class of rights holders at the expense of the general public. As a result, most of our shared culture and knowledge is locked away behind copyright and technical restrictions. We must ensure that this situation will not be worsened at a minimum, and be affirmatively improved in the future.

3. When material is deemed to fall in the structural Public Domain in its country of origin, the material should be recognized as part of the structural Public Domain in all other countries of the world. Where material in one country is not eligible for copyright protection because it falls under a specific copyright exclusion, either because it does not meet the criterion of originality or because the duration of its protection has lapsed, it should not be possible for anyone (including the author) to invoke copyright protection on the same material in another country so as to withdraw this material from the structural Public Domain.

4. Any false or misleading attempt to misappropriate Public Domain material must be legally punished. In order to preserve the integrity of the Public Domain and protect users of Public Domain material from inaccurate and deceitful representations, any false or misleading attempts to claim exclusivity over Public Domain material must be declared unlawful.

5. No other intellectual property right must be used to reconstitute exclusivity over Public Domain material. The Public Domain is integral to the internal balance of the copyright system. This internal balance must not be manipulated by attempts to reconstitute or obtain exclusive control via regulations that are external to copyright.

6. There must be a practical and effective path to make available 'orphan works' and published works that are no longer commercially available (such as out-of-print works) for re-use by society. The extension of the scope and duration of copyright and the prohibition of formalities for foreign works have created a huge body of orphan works that are neither under the control of their authors nor part of the Public Domain. Given that such works under current law do not benefit their authors or society, these works need to be made available for productive re-use by society as a whole.

7. Cultural heritage institutions should take upon themselves a special role in the effective labeling and preserving of Public Domain works. Not-for-profit cultural heritage organizations have been entrusted with preservation of our shared knowledge and culture for centuries. As part of this role they need to ensure that works in the Public Domain are available to all of society, by labeling them, preserving them and making them freely available.

8. There must be no legal obstacles that prevent the voluntary sharing of works or the dedication of works to the Public Domain. Both are legitimate exercises of exclusive rights granted by copyright and both are critical to ensuring access to essential cultural goods and knowledge and to respecting authors' wishes.

9. Personal non-commercial uses of protected works must generally be made possible, for which alternative modes of remuneration for the author must be explored. While it is essential for the self-development of each individual that he or she be able to make personal non-commercial uses of works, it is just as essential that the position of the author be taken into consideration when establishing new limitations and exceptions on copyright or revising old ones."