IRRC, the public domain existed, and included nearly everything in print, etc., long before copyright was implented 300 years ago in Western law. The terminology may have varied over the years, but the concept is there. Copyright [Western] was invented 250 years earlier to stifle Gutenberg's Press as a threat to The Stationers' Guild's historic monopoly. They wanted it back. And, finally, with the weak queen, Anne, they got it. And we have been stuck with it ever since!!! On Wed, 3 Mar 2010, Keith J. Schultz wrote:
Hi Lee,
For one the term is "in the public domain". Furthermore, putting something in the public domain is if you care to be technical a license of use. How far that license goes depends on the statements of the author.
The coining of the terminology was not originally used in copyright law, but in the protection of intellectual property. It was adopted to by the internet users and publishers to texts.
Secondly you ought to get your own facts straight. How can a lawyer argue that said property not be dedicated to the public domain if not said entity is not defined!! S/He could not.
regards Keith.
Am 03.03.2010 um 17:15 schrieb Lee Passey:
On 3/3/2010 1:46 AM, Keith J. Schultz wrote:
Hold on a sec!
[snip]
There is a difference between a text being copyright free and in the public domain.. One can put a copyright and have it be still in the public domain.
On 3/3/2010 2:38 AM, Bowerbird@aol.com wrote:
do not listen to non-lawyers discussing legal matters.
Good advice.
Mr. Schultz, you are wrong. If something is in the public domain, by definition it cannot have a copyright, and vice-versa.
There is, in fact, no such legally recognized entity as "the public domain." The phrase is simply shorthand for "those works for which copyright has expired or is otherwise unenforceable."
I have heard it argued (by lawyers) that under the Berne convention one cannot create a copyrightable work and then dedicate it to the public domain. Under Berne, a copyright attaches automatically, instantaneously and unavoidably at the moment of creation. Because there is no real entity called "the public domain," the automatic copyright cannot be transferred to it. At best you have a promise on the part of the creator, unsupported by any consideration, not to sue. If no one has placed detrimental reliance on the promise, the creator can revoke it at any time, putting us back to square one.
Just one of the noxious (and perhaps unintended) consequences of the Berne convention. _______________________________________________ gutvol-d mailing list gutvol-d@lists.pglaf.org http://lists.pglaf.org/mailman/listinfo/gutvol-d
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