Public Domain

Definition

Definition and problematic of the public domain: “The public domain is a space where intellectual property protection does not apply. When copyrights and patents expire, innovations and creative works fall into the public domain. They may then be used by anyone without permission and without the payment of a licensing fee. Publicly owned national parks are also considered by many to be public domain lands. Because of the extensions of the terms of both copyrights and patents, and the privatization of lands and other resources owned by the Federal Government, little is now entering the public domain. Since the public domain is a treasure trove of information and resources to be used by future generations, many advocates are concerned that its stagnation will make it more difficult for future generations to find creative inspiration." (http://www.centerpd.org/public_domain.htm )

Discussion

The public domain and the Commons

Most of the time, both concepts are used interchangeably, though the Commons seems to overtake the Public Domain in terms of popularity. The public domain concept relates the 'outside' of the intellectual propery system, i.e. items without copyright, and thus stresses the open access features: nobody can be excluded. The Commons stresses the absense of state, corporate and individual control, in favour of distributed control, and is related to non-private and non-state common property regimes.

For an investigation of the differences between the concepts, see the essays by James Boyle, at http://www.law.duke.edu/pd/papers/boyle.pdf (The Second Enclosure Movement and the Construction of the Public Domain) and http://www.law.duke.edu/boylesite/foreword.pdf (The Opposite of Property)

Public Domain advocacy organizations

The Center for the Public Domain (U.S.), is at http://www.centerpd.org/

Public Knowledge (U.S.), is at http://www.publicknowledge.org/

The Union for the Public Domain (international), is at http://www.public-domain.org/

More Information

Faq on the public domain, at http://www.sarai.net/publications/readers/01-the-public-domain/016-023faq.pdf