Public Rights: Copyright's Public Domains

✍ Scribed by Graham Greenleaf, David Lindsay

• Publisher: Cambridge University Press
• Year: 2018
• Tongue: English
• Leaves: 668
• Series: Cambridge Intellectual Property and Information Law, 45
• Edition: 1
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Cover
Half-title page
Series page
Title page
Copyright page
Contents
Foreword
Preface
Acknowledgements
Table of Cases
Table of Legislation
Table of International Instruments
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 of Public Rights
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 Copyright Public Domain
Bibliography
Index