Free US Law Dictionary

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Public Domain

The public domain is a range of abstract materials – commonly referred to as intellectual property – which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose. The laws of various countries define the scope of the public domain differently, making it necessary to specify which jurisdiction's public domain is being discussed. Furthermore, the public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast to copyrighted works is different from the public domain in contrast to trademarks or patented works.

The public domain is most often discussed in contrast to works restricted by copyright. Under modern law, most original works of art, literature, music, etc. are covered by copyright from the time of their creation for a limited period of time (which varies by country). When the copyright expires, the work enters the public domain. About 15 percent of all books are in the public domain, including 10 percent of all books that are still in print.[1]

The public domain can also be defined in contrast to trademarks. Names, logos, and other identifying marks used in commerce can be restricted as proprietary trademarks for a single business to use. Trademarks can be maintained indefinitely, but they can also lapse through disuse, negligence, or widespread misuse, and enter the public domain. It is possible, however, for a lapsed trademark to become proprietary again, leaving the public domain.

The public domain also contrasts with patents. New inventions can be registered and granted patents restricting others from using them without permission from the inventor. Like copyrights, patents last for a limited period of time, after which the inventions covered by them enter the public domain and can be used by anyone.

Intellectual property law Primary rights

• Copyright
• Patents
• Trademarks
• Industrial design rights
• Utility models
• Geographical indication
• Trade secrets
• Related rights
• Trade names
• Domain names

Sui generis rights

• Database rights
• Mask work
• Plant breeders' rights
• Supplementary protection certificate
• Indigenous intellectual property

Other topics

• Criticism
• More…

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