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.
- Offers a user-oriented theory of the copyright public domain
- Explains fifteen distinct categories of where works can be used without permission, with detailed legal analysis of each
- Covers copyright public domain in the EU, UK, US, Australia, Canada, China and India
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Reviews & endorsements
'Greenleaf and Lindsay's insightful, original and comprehensive examination of the breadth of the public domain is an exceptional achievement. A must-read for anyone concerned with copyright, creativity, and cultural heritage.' Michael Geist, University of Ottawa
'The seminal work on copyright's public domain. Both comprehensive and compelling, all future scholarship must start here. A genuine tour-de-force.' Ronan Deazley, Queen's University Belfast
'In this thoughtful and important account, Greenleaf and Lindsay map the corners of the public domain, explore its underlying values, and chart a course for its future. This book is an invaluable resource for anyone who seeks to have a nuanced and in-depth understanding of the public domain.' Sara Bannerman, Canada Research Chair in Communication Policy and Governance, McMaster University, Canada
'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
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Product details
- Date Published: June 2018
- format: Hardback
- isbn: 9781107134065
- length: 662 pages
- dimensions: 235 x 158 x 36 mm
- weight: 1.06kg
- contains: 2 tables
- availability: Available
Table of Contents
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.
Look Inside
Authors
Graham Greenleaf, University of New South Wales, Sydney
Graham Greenleaf is Professor of Law and Information Systems in the Faculty of Law, University of New South Wales, Sydney. His publications include Asian Data Privacy Laws: Trade and Human Rights Perspectives (2014). In 2010 he was awarded the Order of Australia (AM) for his work on free access to legal information and protection of privacy.
David Lindsay, University of Technology Sydney
David Lindsay is Professor in the Faculty of Law, University of Technology Sydney, Australia. He is the General Editor of the Australian Intellectual Property Journal (AIPJ) and author of International Domain Name Law: ICANN and the UDRP (2007).

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Copyright's Public Domains