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{{short description|Works outside the scope of copyright law}} | {{short description|Works outside the scope of copyright law}} | ||
{{ | {{pp-protected|reason=Persistent [[WP:Disruptive editing|disruptive editing]]; requested at [[WP:RfPP]]|small=yes}} | ||
{{other uses}} | {{other uses}} | ||
{{selfref|For information on citing public domain works on Wikipedia, see [[Wikipedia:Public domain]].}} | |||
{{Globalize|1=article|date=December 2021}} | {{Globalize|1=article|date=December 2021}} | ||
[[File:Public Domain Mark button.svg | thumb | 220x124px | right | Public domain logo from the Creative Commons Corporation]] | [[File:Public Domain Mark button.svg | thumb | 220x124px | right | Public domain logo from the Creative Commons Corporation]] | ||
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==Public domain by medium== | ==Public domain by medium== | ||
{{more citations needed|date=April 2018}} | {{more citations needed|section|date=April 2018}} | ||
=== | === Books === | ||
A public-domain book is a book with no copyright, a book that was created without a license, or a book where its copyrights expired<ref>{{cite book|url=https://archive.org/details/publicdomainencl0000boyl|url-access=registration|quote=public domain.|title=The Public Domain: Enclosing the Commons of the Mind|first=James|last=Boyle|date=1 January 2008|publisher=Yale University Press|access-date=30 December 2016|via=Internet Archive|isbn=9780300137408}}</ref> or have been forfeited.<ref>{{cite book|url=https://books.google.com/books?id=gK6OI0hrANsC&q=%22public%20domain%22%20intellectual%20property|title=Intellectual Property and Traditional Cultural Expressions in a Digital Environment|first1=Christoph Beat|last1=Graber|first2=Mira Burri|last2=Nenova|date=1 January 2008|publisher=Edward Elgar Publishing|access-date=30 December 2016|via=Google Books|isbn=9781848443914}}</ref> | |||
A public-domain book is a book with no copyright, a book that was created without a license, or a book where its copyrights expired<ref>{{cite book|url=https://archive.org/details/publicdomainencl0000boyl|url-access=registration|quote=public domain.|title=The Public Domain: Enclosing the Commons of the Mind|first=James|last=Boyle|date=1 January 2008|publisher=Yale University Press|access-date=30 December 2016|via=Internet Archive|isbn=9780300137408}}</ref> or have been forfeited{{clarify|What may cause a copyright to be forfeited? And what authority makes that decision?|date=March 2022}}.<ref>{{cite book|url=https://books.google.com/books?id=gK6OI0hrANsC&q=%22public%20domain%22%20intellectual%20property|title=Intellectual Property and Traditional Cultural Expressions in a Digital Environment|first1=Christoph Beat|last1=Graber|first2=Mira Burri|last2=Nenova|date=1 January 2008|publisher=Edward Elgar Publishing|access-date=30 December 2016|via=Google Books|isbn=9781848443914}}</ref> | |||
In most countries the [[List of countries' copyright lengths|term of protection]] of copyright expires on the first day of January, 70 years after the death of the latest living author. The longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928. | In most countries the [[List of countries' copyright lengths|term of protection]] of copyright expires on the first day of January, 70 years after the death of the latest living author. The longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928. | ||
A notable exception is the United States, where every book and tale published before {{#expr:{{CURRENTYEAR}}-95}} is in the public domain; American copyrights last for 95 years for books originally published between | A notable exception is the United States, where every book and tale published before {{#expr:{{CURRENTYEAR}}-95}} is in the public domain; American copyrights last for 95 years for books originally published between {{#expr:{{CURRENTYEAR}}-95}} and 1978 if the copyright was properly registered and maintained.<ref>{{Cite web|url=https://copyright.cornell.edu/publicdomain|title=Copyright Term and the Public Domain in the United States {{!}} Copyright Information Center|website=copyright.cornell.edu|language=en|access-date=2019-05-30}}</ref> | ||
For example: the works of [[Jane Austen]], [[Lewis Carroll]], [[Machado de Assis]], [[Olavo Bilac]] and [[Edgar Allan Poe]] are in the public domain worldwide as they all died over 100 years ago. | For example: the works of [[Jane Austen]], [[Lewis Carroll]], [[Machado de Assis]], [[Olavo Bilac]] and [[Edgar Allan Poe]] are in the public domain worldwide as they all died over 100 years ago. | ||
[[Project Gutenberg]] | [[Project Gutenberg]], the [[Internet Archive]] and [[Wikisource]] make tens of thousands of public domain books available online as [[ebook]]s. | ||
=== Music === | |||
People have been creating music for millennia. The first [[musical notation]] system, the [[Music of Mesopotamia]] system, was created 4,000 years ago. [[Guido of Arezzo]] introduced Latin musical notation in the 10th century.<ref>{{cite web |last1=Otten |first1=J |title=The Catholic Encyclopedia |url=https://www.newadvent.org/cathen/07065a.htm |website=New Advent |publisher=Robert Appleton Company |access-date=January 6, 2022}}</ref> This laid the foundation for the preservation of global music in the public domain, a distinction formalized alongside copyright systems in the 17th century. Musicians copyrighted their publications of musical notation as literary writings, but performing copyrighted pieces and creating derivative works were not restricted by early copyright laws. Copying was widespread, in compliance with the law, but expansions of those laws intended to benefit literary works and responding to commercial music recording technology's reproducibility have led to stricter rules. Relatively recently, a normative view that copying in music is not desirable and lazy has become popular among professional musicians. | People have been creating music for millennia. The first [[musical notation]] system, the [[Music of Mesopotamia]] system, was created 4,000 years ago. [[Guido of Arezzo]] introduced Latin musical notation in the 10th century.<ref>{{cite web |last1=Otten |first1=J |title=The Catholic Encyclopedia |url=https://www.newadvent.org/cathen/07065a.htm |website=New Advent |publisher=Robert Appleton Company |access-date=January 6, 2022}}</ref> This laid the foundation for the preservation of global music in the public domain, a distinction formalized alongside copyright systems in the 17th century. Musicians copyrighted their publications of musical notation as literary writings, but performing copyrighted pieces and creating derivative works were not restricted by early copyright laws. Copying was widespread, in compliance with the law, but expansions of those laws intended to benefit literary works and responding to commercial music recording technology's reproducibility have led to stricter rules. Relatively recently, a normative view that copying in music is not desirable and lazy has become popular among professional musicians. | ||
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The [[Musopen]] project records music in the public domain for the purposes of making the music available to the general public in a high-quality audio format. Online musical archives preserve collections of classical music recorded by Musopen and offer them for download/distribution as a public service. | The [[Musopen]] project records music in the public domain for the purposes of making the music available to the general public in a high-quality audio format. Online musical archives preserve collections of classical music recorded by Musopen and offer them for download/distribution as a public service. | ||
=== | === Films === | ||
{{Main|Public domain film}} | {{Main|Public domain film}} | ||
[[File:Keaton Go West 1925.jpg|thumb|right|The 1925 film ''[[Go West (1925 film)|Go West]]'' [[2021 in public domain|entered the public domain in the US in 2021]] due to expiration of its copyright after 95 years.<ref>{{cite web |last1=Jenkins |first1=Jennifer |title=Public Domain Day 2021 |url=https://web.law.duke.edu/cspd/publicdomainday/2021/ |website=Center for the Study of the Public Domain |publisher=Duke University School of Law |access-date=12 March 2021 | |||
[[File:Keaton Go West 1925.jpg|thumb|right|The 1925 film ''[[Go West (1925 film)|Go West]]'' [[2021 in public domain|entered the public domain in the US in 2021]] due to expiration of its copyright after 95 years.<ref>{{cite web |last1=Jenkins |first1=Jennifer |title=Public Domain Day 2021 |url=https://web.law.duke.edu/cspd/publicdomainday/2021/ |website=Center for the Study of the Public Domain |publisher=Duke University School of Law |access-date=12 March 2021 }}</ref>]] | |||
A public-domain film is a [[film]] that was never under copyright, was released to public domain by its author or has had its [[copyright]] expired. In 2016, there were more than 2,000 films in the public domain from every genre, including musicals, romance, horror, noir, westerns, and animated films.{{Citation needed|date=December 2017}} | A public-domain film is a [[film]] that was never under copyright, was released to public domain by its author or has had its [[copyright]] expired. In 2016, there were more than 2,000 films in the public domain from every genre, including musicals, romance, horror, noir, westerns, and animated films.{{Citation needed|date=December 2017}} | ||
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==Relationship with derivative works== | ==Relationship with derivative works== | ||
{{Main|Derivative work}} | {{Main|Derivative work}} | ||
Derivative works include [[translation]]s, [[musical arrangements]], and [[Adaptation (arts)|dramatization]]s of a work, as well as other forms of transformation or adaptation.<ref>{{cite web |last= Stern |first= Prof Richard H. |title= L.H.O.O.Q. Internet related Derivative Works |work= Supplemental material Computer Law 484 |publisher= The George Washington University Law School |year= 2001 |url= http://docs.law.gwu.edu/facweb/claw/Lhooq0.htm|access-date= 23 May 2010}}</ref> Copyrighted works may not be used for derivative works without permission from the copyright owner,<ref>{{cite book |title= Understanding copyright law |series= Legal text series; Contemporary Casebook Series |last= Leaffer |first= Marshall A. |edition= 2nd |publisher= M. Bender |year= 1995 |isbn= 0-256-16448-7 |page= [https://archive.org/details/understandingcop00leaf/page/46 46] |url= https://archive.org/details/understandingcop00leaf/page/46 }}</ref> while public domain works can be freely used for derivative works without permission.<ref name="google.com">{{Cite book |title= Introduction to intellectual property: theory and practice |publisher= World Intellectual Property Organisation, Kluwer Law International |year= 1997 |page= 313 |url= https://www.google.com/books?id=n7DkfPpwLbEC&dq=adaptation+public+domain+disney&lr=&source=gbs_navlinks_s |isbn= 978-90-411-0938-5 |url-status= live |archive-url= https://web.archive.org/web/20150406230406/http://www.google.com/books?id=n7DkfPpwLbEC&dq=adaptation+public+domain+disney&lr=&source=gbs_navlinks_s |archive-date= 6 April 2015 |df= dmy-all}}</ref><ref name="Fishman2008">{{cite book |last=Fishman |first=Stephen |title=The copyright handbook: what every writer needs to know |url= https://books.google.com/books?id=qlsvhw6O7koC&pg=PA178 |access-date=1 June 2010 |date= September 2008 |publisher= Nolo |isbn= 978-1-4133-0893-8 |page=178}}</ref> Artworks that are public domain may also be reproduced photographically or artistically or used as the basis of new, interpretive works.<ref>{{Cite book |last= Fishman |first= Stephen |title= Public domain: how to find and use copyright-free writings, music, art and more |publisher= Nolo |year= 2008 |pages= 124–125 |url= https://books.google.com/books?id=fRY4QBpLFGQC&q=L.H.O.O.Q.+copyright+%22public+domain%22 |isbn= 978-1-4133-0858-7}}</ref> Works derived from public domain works can be copyrighted.<ref>[http://fairuse.stanford.edu/overview/public-domain/trouble-spots/#public_domain_works_that_are_modified Public Domain Trouble Spots - Copyright Overview by Rich Stim - Stanford Copyright and Fair Use Center] {{webarchive |url= https://web.archive.org/web/20160518231739/http://fairuse.stanford.edu/overview/public-domain/trouble-spots |date=18 May 2016 }}. Section called "Public Domain Works That Are Modified".</ref> | Derivative works include [[translation]]s, [[musical arrangements]], and [[Adaptation (arts)|dramatization]]s of a work, as well as other forms of transformation or adaptation.<ref>{{cite web |last= Stern |first= Prof Richard H. |title= L.H.O.O.Q. Internet related Derivative Works |work= Supplemental material Computer Law 484 |publisher= The George Washington University Law School |year= 2001 |url= http://docs.law.gwu.edu/facweb/claw/Lhooq0.htm |access-date= 23 May 2010 |archive-date= 19 August 2018 |archive-url= https://web.archive.org/web/20180819013902/http://docs.law.gwu.edu/facweb/claw/lhooq0.htm |url-status= dead }}</ref> Copyrighted works may not be used for derivative works without permission from the copyright owner,<ref>{{cite book |title= Understanding copyright law |series= Legal text series; Contemporary Casebook Series |last= Leaffer |first= Marshall A. |edition= 2nd |publisher= M. Bender |year= 1995 |isbn= 0-256-16448-7 |page= [https://archive.org/details/understandingcop00leaf/page/46 46] |url= https://archive.org/details/understandingcop00leaf/page/46 }}</ref> while public domain works can be freely used for derivative works without permission.<ref name="google.com">{{Cite book |title= Introduction to intellectual property: theory and practice |publisher= World Intellectual Property Organisation, Kluwer Law International |year= 1997 |page= 313 |url= https://www.google.com/books?id=n7DkfPpwLbEC&dq=adaptation+public+domain+disney&lr=&source=gbs_navlinks_s |isbn= 978-90-411-0938-5 |url-status= live |archive-url= https://web.archive.org/web/20150406230406/http://www.google.com/books?id=n7DkfPpwLbEC&dq=adaptation+public+domain+disney&lr=&source=gbs_navlinks_s |archive-date= 6 April 2015 |df= dmy-all}}</ref><ref name="Fishman2008">{{cite book |last=Fishman |first=Stephen |title=The copyright handbook: what every writer needs to know |url= https://books.google.com/books?id=qlsvhw6O7koC&pg=PA178 |access-date=1 June 2010 |date= September 2008 |publisher= Nolo |isbn= 978-1-4133-0893-8 |page=178}}</ref> Artworks that are public domain may also be reproduced photographically or artistically or used as the basis of new, interpretive works.<ref>{{Cite book |last= Fishman |first= Stephen |title= Public domain: how to find and use copyright-free writings, music, art and more |publisher= Nolo |year= 2008 |pages= 124–125 |url= https://books.google.com/books?id=fRY4QBpLFGQC&q=L.H.O.O.Q.+copyright+%22public+domain%22 |isbn= 978-1-4133-0858-7}}</ref> Works derived from public domain works can be copyrighted.<ref>[http://fairuse.stanford.edu/overview/public-domain/trouble-spots/#public_domain_works_that_are_modified Public Domain Trouble Spots - Copyright Overview by Rich Stim - Stanford Copyright and Fair Use Center] {{webarchive |url= https://web.archive.org/web/20160518231739/http://fairuse.stanford.edu/overview/public-domain/trouble-spots |date=18 May 2016 }}. Section called "Public Domain Works That Are Modified".</ref> | ||
Once works enter into the public domain, derivative works such as adaptations in book and film may increase noticeably, as happened with [[Frances Hodgson Burnett]]'s novel ''[[The Secret Garden]]'', which became public domain in the US in 1977 and most of the rest of the world in 1995.<ref name="Lundin2004">{{cite book |last=Lundin |first=Anne H. |title= Constructing the canon of children's literature: beyond library walls and ivory towers |url= https://books.google.com/books?id=72flittye58C&pg=PA138|access-date=1 June 2010 |date=2 August 2004 |publisher= Routledge |isbn=978-0-8153-3841-3 |page=138}}</ref> By 1999, the plays of Shakespeare, all public domain, had been used in more than 420 feature-length films.<ref>Young, Mark (ed.). ''The Guinness Book of Records 1999'', Bantam Books, 358; Voigts-Virchow, Eckartm (2004), ''Janespotting and Beyond: British Heritage Retrovisions Since the Mid-1990s'', Gunter Narr Verlag, 92.</ref> In addition to straightforward adaptation, they have been used as the launching point for transformative retellings such as [[Tom Stoppard]]'s ''[[Rosencrantz and Guildenstern Are Dead]]'' and [[Troma Entertainment]]'s ''[[Tromeo and Juliet]]''.<ref name="Homan2004">{{cite book |last=Homan |first=Sidney |title= Directing Shakespeare: a scholar onstage |url= https://books.google.com/books?id=EM0n1ueBa_sC&pg=PT101 |access-date=1 June 2010 |year=2004 |publisher= Ohio University Press |isbn=978-0-8214-1550-4 |page=101}}</ref><ref name="Kossak2005">{{cite book |last=Kossak |first=Saskia |title= "Frame my face to all occasions": Shakespeare's Richard III on screen |url= https://books.google.com/books?id=-PNZAAAAMAAJ |access-date=1 June 2010 |year=2005 |publisher=Braumüller |isbn=978-3-7003-1492-9 |page=17}}</ref><ref name="CartmellWhelehan2007">{{cite book |last1=Cartmell |first1=Deborah |first2= Imelda |last2= Whelehan |title=The Cambridge companion to literature on screen |url= https://books.google.com/books?id=fhJNFc1f0DAC&pg=PA69 |access-date=1 June 2010 |year=2007 |publisher= Cambridge University Press |isbn= 978-0-521-61486-3|page=69}}</ref> Marcel Duchamp's ''[[L.H.O.O.Q.]]'' is a derivative of Leonardo da Vinci's ''Mona Lisa'', one of thousands of derivative works based on the public domain painting.<ref name="google.com"/> The 2018 film ''[[A Star Is Born (2018 film)|A Star is Born]]'' is a remake of the [[A Star Is Born (1937 film)|1937 film of the same name]], which is in the public domain due to an unrenewed copyright.<ref>{{Cite | Once works enter into the public domain, derivative works such as adaptations in book and film may increase noticeably, as happened with [[Frances Hodgson Burnett]]'s novel ''[[The Secret Garden]]'', which became public domain in the US in 1977 and most of the rest of the world in 1995.<ref name="Lundin2004">{{cite book |last=Lundin |first=Anne H. |title= Constructing the canon of children's literature: beyond library walls and ivory towers |url= https://books.google.com/books?id=72flittye58C&pg=PA138|access-date=1 June 2010 |date=2 August 2004 |publisher= Routledge |isbn=978-0-8153-3841-3 |page=138}}</ref> By 1999, the plays of Shakespeare, all public domain, had been used in more than 420 feature-length films.<ref>Young, Mark (ed.). ''The Guinness Book of Records 1999'', Bantam Books, 358; Voigts-Virchow, Eckartm (2004), ''Janespotting and Beyond: British Heritage Retrovisions Since the Mid-1990s'', Gunter Narr Verlag, 92.</ref> In addition to straightforward adaptation, they have been used as the launching point for transformative retellings such as [[Tom Stoppard]]'s ''[[Rosencrantz and Guildenstern Are Dead]]'' and [[Troma Entertainment]]'s ''[[Tromeo and Juliet]]''.<ref name="Homan2004">{{cite book |last=Homan |first=Sidney |title= Directing Shakespeare: a scholar onstage |url= https://books.google.com/books?id=EM0n1ueBa_sC&pg=PT101 |access-date=1 June 2010 |year=2004 |publisher= Ohio University Press |isbn=978-0-8214-1550-4 |page=101}}</ref><ref name="Kossak2005">{{cite book |last=Kossak |first=Saskia |title= "Frame my face to all occasions": Shakespeare's Richard III on screen |url= https://books.google.com/books?id=-PNZAAAAMAAJ |access-date=1 June 2010 |year=2005 |publisher=Braumüller |isbn=978-3-7003-1492-9 |page=17}}</ref><ref name="CartmellWhelehan2007">{{cite book |last1=Cartmell |first1=Deborah |first2= Imelda |last2= Whelehan |title=The Cambridge companion to literature on screen |url= https://books.google.com/books?id=fhJNFc1f0DAC&pg=PA69 |access-date=1 June 2010 |year=2007 |publisher= Cambridge University Press |isbn= 978-0-521-61486-3|page=69}}</ref> Marcel Duchamp's ''[[L.H.O.O.Q.]]'' is a derivative of Leonardo da Vinci's ''Mona Lisa'', one of thousands of derivative works based on the public domain painting.<ref name="google.com"/> The 2018 film ''[[A Star Is Born (2018 film)|A Star is Born]]'' is a remake of the [[A Star Is Born (1937 film)|1937 film of the same name]], which is in the public domain due to an unrenewed copyright.<ref>{{Cite magazine|title=Everything you need to know about the 1937 version of 'A Star Is Born'|url=https://ew.com/movies/2018/10/07/a-star-is-born-1937-everything-to-know/|access-date=2020-08-12|magazine=[[Entertainment Weekly]]|language=EN}}</ref> | ||
== Perpetual copyright == | == Perpetual copyright == | ||
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==== Public-domain-like licenses ==== | ==== Public-domain-like licenses ==== | ||
{{main|Public-domain-equivalent license}} | {{main|Public-domain-equivalent license}} | ||
An alternative is for copyright holders to issue a license which irrevocably grants as many rights as possible to the general public. Real public domain makes [[license]]s unnecessary, as no owner/author is required to grant permission ("[[Permission culture]]"). There are multiple licenses which aim to release works into the public domain. In 2000 the [[WTFPL]] was released as a public domain like [[software license]].<ref>[https://web.archive.org/web/20130602181949/http://anonscm.debian.org/viewvc/pkg-wmaker/trunk/COPYING.WTFPL?revision=2&view=markup Version 1.0 license] on anonscm.debian.org</ref> Creative Commons (created in 2002 by [[Lawrence Lessig]], [[Hal Abelson]], and [[Eric Eldred]]) has introduced several public-domain-like licenses, called [[Creative Commons license]]s. These give authors of works (that would qualify for copyright) the ability to decide which protections they would like to place on their material. As copyright is the default license for new material, Creative Commons licenses offer authors a variety of options to designate their work under whichever license they wish, as long as this does not violate standing copyright law.<ref>Boyle, J. (2008). A Creative Commons. In ''The Public Domain: Enclosing the Commons of the Mind'' (pp. 179-204). Yale University Press. Retrieved November 20, 2020, from http://www.jstor.org/stable/j.ctt1npvzg.12</ref> For example, a CC BY license allows for re-users to distribute, remix, adapt, and build upon material, while also agreeing to provide attribution to the author in any of these cases.<ref>{{Cite web|title=About CC Licenses|url=https://creativecommons.org/about/cclicenses/|access-date=2020-11-23|website=Creative Commons|language=en-US}}</ref> In 2009 the [[Creative Commons]] released the [[Creative Commons license#Zero / public domain|CC0]], which was created for [[License compatibility|compatibility]] with law domains which have no concept of ''dedicating into public domain''. This is achieved by a public domain waiver statement and a fallback all-permissive license, in case the waiver is not possible.<ref>{{cite web |url= https://creativecommons.org/2009/06/17/1117-lulan-artisans-textile-competition/ |title= 11/17: Lulan Artisans Textile Competition |date=17 June 2009 |access-date=30 December 2016 |url-status=live |archive-url= https://web.archive.org/web/20161231080413/https://creativecommons.org/2009/06/17/1117-lulan-artisans-textile-competition/ |archive-date=31 December 2016 }}</ref><ref name="CC0">[https://rd-alliance.org/sites/default/files/cc0-analysis-kreuzer.pdf Validity of the Creative Commons Zero 1.0 Universal Public Domain Dedication and its usability for bibliographic metadata from the perspective of German Copyright Law] by Dr. Till Kreutzer, attorney-at-law in [[Berlin, Germany]]</ref> The [[Unlicense]], published around 2010, has a focus on an [[anti-copyright]] message. The Unlicense offers a public domain waiver text with a fallback public domain-like license inspired by permissive licenses but without attribution.<ref>[http://ostatic.com/blog/the-unlicense-a-license-for-no-license The Unlicense: a License for No License] {{webarchive|url=https://web.archive.org/web/20160324154539/http://ostatic.com/blog/the-unlicense-a-license-for-no-license |date=24 March 2016 }} on ostatic.com by Joe Brockmeier (2010)</ref><ref>[http://unlicense.org The Unlicense] {{Webarchive|url=https://web.archive.org/web/20180708180735/http://unlicense.org/ |date=8 July 2018 }} on unlicense.org</ref> Another option is the [[BSD licenses#0-clause|Zero Clause BSD license]], released in 2006 and aimed at software.<ref>{{cite web|url=https://tldrlegal.com/license/bsd-0-clause-license|title=BSD 0-Clause License (0BSD) Explained in Plain English|access-date=12 February 2020}}</ref> | An alternative is for copyright holders to issue a license which irrevocably grants as many rights as possible to the general public. Real public domain makes [[license]]s unnecessary, as no owner/author is required to grant permission ("[[Permission culture]]"). There are multiple licenses which aim to release works into the public domain. In 2000 the [[WTFPL]] was released as a public domain like [[software license]].<ref>[https://web.archive.org/web/20130602181949/http://anonscm.debian.org/viewvc/pkg-wmaker/trunk/COPYING.WTFPL?revision=2&view=markup Version 1.0 license] on anonscm.debian.org</ref> Creative Commons (created in 2002 by [[Lawrence Lessig]], [[Hal Abelson]], and [[Eric Eldred]]) has introduced several public-domain-like licenses, called [[Creative Commons license]]s. These give authors of works (that would qualify for copyright) the ability to decide which protections they would like to place on their material. As copyright is the default license for new material, Creative Commons licenses offer authors a variety of options to designate their work under whichever license they wish, as long as this does not violate standing copyright law.<ref>Boyle, J. (2008). A Creative Commons. In ''The Public Domain: Enclosing the Commons of the Mind'' (pp. 179-204). Yale University Press. Retrieved November 20, 2020, from http://www.jstor.org/stable/j.ctt1npvzg.12</ref> For example, a CC BY license allows for re-users to distribute, remix, adapt, and build upon material, while also agreeing to provide attribution to the author in any of these cases.<ref>{{Cite web|title=About CC Licenses|url=https://creativecommons.org/about/cclicenses/|access-date=2020-11-23|website=Creative Commons|language=en-US}}</ref> In 2009 the [[Creative Commons]] released the [[Creative Commons license#Zero / public domain|CC0]], which was created for [[License compatibility|compatibility]] with law domains which have no concept of ''dedicating into public domain''. This is achieved by a public domain waiver statement and a fallback all-permissive license, in case the waiver is not possible.<ref>{{cite web |url= https://creativecommons.org/2009/06/17/1117-lulan-artisans-textile-competition/ |title= 11/17: Lulan Artisans Textile Competition |date=17 June 2009 |access-date=30 December 2016 |url-status=live |archive-url= https://web.archive.org/web/20161231080413/https://creativecommons.org/2009/06/17/1117-lulan-artisans-textile-competition/ |archive-date=31 December 2016 }}</ref><ref name="CC0">[https://rd-alliance.org/sites/default/files/cc0-analysis-kreuzer.pdf Validity of the Creative Commons Zero 1.0 Universal Public Domain Dedication and its usability for bibliographic metadata from the perspective of German Copyright Law] by Dr. Till Kreutzer, attorney-at-law in [[Berlin, Germany]]</ref> | ||
Unlike in the USA, where author's moral rights are not regulated, in countries where moral rights are protected by copyright law it is not possible to waive those rights, but only the rights related to the exploitation of the work. Thereby, the terms of the CC0 license would clash with many copyright laws. A solution to this issue is to interpret the license by setting "three different layers of action. First, the right holder waives any copyright and related rights that can be waived in accordance with the applicable law. Secondly, if there are rights that the right holder cannot waive under applicable law, they are licensed in a way that mirrors as closely as possible the legal effect of a waiver. And finally, if there are any rights that the right holders cannot waive or license, they affirm that they will not exercise them and they will not assert any claim with respect to the use of the work, once again within the limits of applicable law. (...) In countries where moral rights exist but where they can be waived or not asserted, they are waived if asserted (e.g. the UK). In countries where they cannot be waived they will remain into full effect in accordance to the applicable law (think of France, Spain or Italy where moral rights cannot be waived)."<ref>Ignasi Labastida, Thomas Margoni; Licensing FAIR Data for Reuse. Data Intelligence 2020; 2 (1-2): 199–207. doi: https://doi.org/10.1162/dint_a_00042, p.203</ref> The same occurs in Switzerland. | |||
The [[Unlicense]], published around 2010, has a focus on an [[anti-copyright]] message. The Unlicense offers a public domain waiver text with a fallback public domain-like license inspired by permissive licenses but without attribution.<ref>[http://ostatic.com/blog/the-unlicense-a-license-for-no-license The Unlicense: a License for No License] {{webarchive|url=https://web.archive.org/web/20160324154539/http://ostatic.com/blog/the-unlicense-a-license-for-no-license |date=24 March 2016 }} on ostatic.com by Joe Brockmeier (2010)</ref><ref>[http://unlicense.org The Unlicense] {{Webarchive|url=https://web.archive.org/web/20180708180735/http://unlicense.org/ |date=8 July 2018 }} on unlicense.org</ref> Another option is the [[BSD licenses#0-clause|Zero Clause BSD license]], released in 2006 and aimed at software.<ref>{{cite web|url=https://tldrlegal.com/license/bsd-0-clause-license|title=BSD 0-Clause License (0BSD) Explained in Plain English|access-date=12 February 2020}}</ref> | |||
In October 2014, the [[Open Knowledge Foundation]] recommends the Creative Commons [[CC0]] license to dedicate content to the public domain,<ref>[http://opendefinition.org/licenses/ licenses] on opendefinition.com</ref><ref>[https://blog.creativecommons.org/2013/12/27/creative-commons-4-0-by-and-by-sa-licenses-approved-conformant-with-the-open-definition/ Creative Commons 4.0 BY and BY-SA licenses approved conformant with the Open Definition] by Timothy Vollmer on creativecommons.org (27 December 2013)</ref> and the ''Open Data Commons Public Domain Dedication and License (PDDL)'' for data.<ref>[http://opendatacommons.org/licenses/pddl/ pddl] on opendatacommons.org</ref> | In October 2014, the [[Open Knowledge Foundation]] recommends the Creative Commons [[CC0]] license to dedicate content to the public domain,<ref>[http://opendefinition.org/licenses/ licenses] on opendefinition.com</ref><ref>[https://blog.creativecommons.org/2013/12/27/creative-commons-4-0-by-and-by-sa-licenses-approved-conformant-with-the-open-definition/ Creative Commons 4.0 BY and BY-SA licenses approved conformant with the Open Definition] by Timothy Vollmer on creativecommons.org (27 December 2013)</ref> and the ''Open Data Commons Public Domain Dedication and License (PDDL)'' for data.<ref>[http://opendatacommons.org/licenses/pddl/ pddl] on opendatacommons.org</ref> | ||
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* [[Free software]] | * [[Free software]] | ||
* [[Freedom of panorama]] | * [[Freedom of panorama]] | ||
* [[Limitations and exceptions to copyright]] | * [[Limitations and exceptions to copyright]] | ||
* [[List of countries' copyright lengths]] | * [[List of countries' copyright lengths]] | ||