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.
|
Text
94717.pdf - Published Version 699kB |
Publisher's URL: http://www.create.ac.uk/publications/
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, Professor 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 |
University Staff: Request a correction | Enlighten Editors: Update this record
Funder and Project Information
Funder and Project Information