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Simple English definitions for legal terms
public domain
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A quick definition of public domain:
Public domain refers to creative works that are no longer protected by copyright, trademark, or patent. This means that anyone can use, copy, or perform the work without permission from the original creator. Works become public domain when the copyright expires, is not properly renewed, deliberately placed in the public domain by the owner, or not eligible for copyright protection. However, new works based on public domain works can be copyrighted if they are transformative or have a creative new take. For example, Shakespeare's plays are in the public domain, but a new movie based on one of his plays can be copyrighted if it has a unique twist.
A more thorough explanation:
The public domain refers to creative works that are no longer protected by copyright, trademark, or patent. This means that the general public owns the work and it can be used, copied, or performed by anyone without permission or payment to the original creator.
There are four common ways that a creative work can enter the public domain:
- The copyright expires
- The copyright is not properly renewed
- The copyright owner deliberately places the work in the public domain
- The work is not eligible for copyright protection
For example, all of Shakespeare's plays are in the public domain. This means that anyone can perform or adapt them without permission. However, a new arrangement of the plays or a new adaptation with a creative twist can be copyrighted by the creator of the new work.
Another example is the song "Happy Birthday to You." The copyright for the song expired in 2016, so it is now in the public domain and can be used freely.
Overall, the public domain allows for greater access to creative works and encourages new forms of creativity and innovation.