Public Rights
Copyright's Public Domains

This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.

Graham Greenleaf (Author), David Lindsay (Author)

9781107134065, Cambridge University Press

Hardback, published 21 June 2018

662 pages, 2 tables
23.5 x 15.8 x 3.6 cm, 1.06 kg

'Their book sets a new gold standard in the legal analysis of the public domain in intellectual property law. A replication of its program in the areas of patent and trademark law is highly desirable.' Alexander Peukert, Springer

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.

Foreword
Preface and acknowledgements
Table of international agreements
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: 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 public domain
Bibliography
Index.

Subject Areas: Copyright law [LNRC], Intellectual property law [LNR], Law [L]