Public Rights Copyright's Public Domains

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.

What can users do with works without obtaining the permission of a copyright owner? This book explains the many ways in which copyright laws allow such uses, and how they differ between countries. The copyright public domain is re-interpreted as an important source of human creativity and autonomy.

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 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).