Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Copyfight - The Politics of IP
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Intellectual Property Law
: Copyfight - The Politics of IPThe (Public Domain) Day That Wasn't
By Posted by Alan Wexelblat
According to The Public Domain blog, January 1 is supposed to be Public Domain Day. I confess I'd never heard of it before. Nor did I know that Jan 1 of this year was originally going to be the day that famous works of American and European literature would have passed into the public domain. However, since copyright term extension happened, these works did not become part of the public domain. In fact, it appears that NO works passed into the public domain this year. This ought to be good news for copyright holders, who can continue to make money from their longer copyright terms
In fact, as Cory points out in boingboing today,
more than 98% of all works in copyright are "orphaned" -- still in copyright, but no one knows to whom they belong.
So nobody's making money on those 98%. But because the owners of the other 2% have good lawyers, good publicists, and pet Congresscritters, we get the equivalent of a massive book-burning - the Public Domain entry uses the analogy of Bradbury's famous novel Farenheit 451 in which the society systematically burns every copy of books. Legally speaking, that's close to what we've done.
It's true you can still find copies of many of these orphaned works, if you know where to look. People own them; libraries may have them. But don't try to make use of them, either as reprintable material or even as source and inspiration. Because they're orphans you can't even find someone to pay for those rights. They're under a lock to which no one has the key.
By making the copyright system "opt out" instead of "opt in" we've engineered a fundamental social change in the world and not really a change for the better.
Full post as published by Copyfight - The Politics of IP on January 12, 2010 (boomark / email).
Clopidogrel Marketed as Plavix FDA Issues Public Health Advisory
Clopidogrel Marketed as Plavix FDA Issues Public Health Advisory
Nursing Home Abuse
New Data Made Public
The Princeton Reivew
Personal Data Made Public on Tens of Thousands of Florida Students
Public Safety Radio
M/A-COM Inc. to pay $4 million settlement in overcharging lawsuit.
Utilities Whistleblower
New Jersey Board of Public Utilities agrees to $485,000 fine for setting up a private bank account.
Network Solutions and ICANN
allegedly registers searched domain names to prevent others from selling and forces customers to pay expensive fees.

WIPO, CC, and Nurturing the Public Domain
Public Domain Day 2010 and Beyond
WIPO Enriched by In-Depth Discussion of Public Domain (KEI)
Carl Malamud on the US Public Domain








