Research Perspectives on the Public Domain: Digital Conference Proceedings

Erickson, K. and Kretschmer, M. (2014) Research Perspectives on the Public Domain: Digital Conference Proceedings. In: Research Perspectives on the Public Domain, Glasgow, UK, 11 Oct 2013, pp. 1-58.

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Abstract

The public domain is a subject of vital interest to legal scholars, but its implications are far reaching – indeed, the public domain concept is germane to subjects as diverse as film and media studies, economics, political science and organisational theory. It was a central purpose of the workshop to arrive at a workable definition of the public domain suitable for empirical investigation. The traditional definition (1) takes the copyright term as the starting point, and defines the public domain as “out of copyright”, i.e. all uses of a copyright work are possible. A second, more fine-grained definition (2) still relies on the statutory provisions of copyright law, and asks what activities are possible with respect to a copyright work without asking for permission (e.g. because use is related to “underlying ideas” not appropriating substantial expressions, or because use is covered by specific copyright exceptions). A third definition (3) includes as part of the public domain all uses that are possible under permissive private ordering schemes (such as creative commons licences). A forth definition (4) moves into a space that includes use that would formally be copyright infringement but is endorsed, or at least tolerated by certain communities of practice (e.g. machinima or fan fiction).

Item Type:Conference Proceedings
Keywords:public domain, copyright, intellectual property law
Status:Published
Refereed:No
Glasgow Author(s) Enlighten ID:Erickson, Dr Kristofer and Kretschmer, Professor Martin
Authors: Erickson, K., and Kretschmer, M.
Subjects:K Law > K Law (General)
College/School:College of Social Sciences > School of Law
Publisher:CREATe
Copyright Holders:Copyright © 2014 CREATe, University of Glasgow, Copyright © 2014 Erickson, K, Copyright © 2014 Kretschmer, M
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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Project CodeAward NoProject NamePrincipal InvestigatorFunder's NameFunder RefLead Dept
621241The Value of Public Domain Works: Collaboration and Knowledge Exchange to Develop Policies for the Commercial Use of Public Domain WorksMartin KretschmerEconomic & Social Research Council (ESRC)ES/K008137/1SCHOOL OF LAW
589481Centre for Creativity, Regulation, Enterprise & Technology (CREATe)Martin KretschmerArts and Humanities Research Council (AHRC)AH/K000179/1SCHOOL OF LAW