[A2k] Copyright Is An Exception To The Public Domain | Techdirt

[Manon Ress]

http://techdirt.com/articles/20100125/0539377890.shtml

QUOTE:

Copyright Is An Exception To The Public Domain
from the a-manifesto dept

A bunch of folks have been sending in this wonderful Public Domain
Manifesto, put together by Communia. It's a wonderful read,
highlighting the importance and value of the public domain, and
putting forth a series of general principles which appear to make a
lot of sense. It also discusses other aspects of related issues, such
as the importance of individuals choosing to not use copyright, as
well as the value of fair use and fair dealing. The point is both to
highlight how important the public domain is to a vital thriving
culture, and also to point out how the public domain has been steadily
eroded over the last few decades. A key point is found in the first
principle, and it's to remind everyone that copyright is an exception
to the public domain, not the other way around:

     The Public Domain is the rule, copyright protection is the
exception. Since copyright protection is granted only with respect to
original forms of expression, the vast majority of data, information
and ideas produced worldwide at any given time belongs to the Public
Domain. In addition to information that is not eligible for
protection, the Public Domain is enlarged every year by works whose
term of protection expires. The combined application of the
requirements for protection and the limited duration of the copyright
protection contribute to the wealth of the Public Domain so as to
ensure access to our shared culture and knowledge.

Unfortunately, it's rarely thought about like this. Instead, most
people consider copyright to be the rule, and things like the public
domain and fair use to be exceptions. This is a problem, and it
impacts how people view, understand and respond to things like
copyright and the public domain itself.

To be honest, I have no idea how useful something like this manifesto
really will be. Very few politicians seem to understand or care about
the public domain and its importance. The manifesto might not have
much of an impact on its own, but as a general set of principles for
people to understand and gather behind it does seem like a good thing.


***************************************************************************
Manon Ress
manon.ress@keionline.org
Knowledge Ecology International
1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.:  +1.202.332.2670, Fax: +1.202.332.2673

Il vaut mieux remuer une question, sans la d=E9cider, que la d=E9cider,
sans la remuer. (Pens=E9es, essais, maximes et correspondance de J.
Joubert  p.249)
Translation: It is better to debate a question without settling it
than to settle a question without debating it