So what is in the public domain? (weekly widget)
The public domain, according to Duke’s Center for the Study of the Public Domain, “is the realm of material—ideas, images, sounds, discoveries, facts, texts—that is unprotected by intellectual property rights and free for all to use or build upon.” In the United States, anything that was published before 1923 is in the public domain. Works published between 1923 and 1963 may be in the pubic domain, if they were published without notice (the symbol (c) with a date and name), or if the original copyright was not renewed after the first term of 28 years. It is often difficult to be certain about this, although the database of renewal records made available by Stanford University is a big help. Government works — works created by government employees (but not necessarily independent contractors working for the government) — are also in the public domain because the copyright law does not allow an initial claim of protection in such works. Works published with a Creative Commons license may also be in the public domain, although usually they are partially protected by copyright but available for non-profit reuse. Unpublished works are in the public domain if the author died over 70 years ago. It is important to note that all of these rules have some additional complexities; this chart by Peter Hirtle is very useful for sorting out the intricacies of copyright terms.
Most importantly, facts and ideas are in the public domain, since copyright only protects expression. Patents, however, do protect ideas, so the idea of a patented invention is not free for others to use without a license, while ideas contained in copyrighted expression are.
Policy on Electronic Course Content
For help deciding whether course content in Blackboard or some other digital form is fair use or requires copyright permission, consult this policy document adopted by the Academic Council in February 2008.
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Recommended Readings- A State Law Approach to Preserving Fair Use in Academic Libraries"By David R. Hansen" Posted by klsmith to myblog contracts copyright on Thu Sep 15 2011 […]
- Canada's Orphan Works Regime: Unlocatable Copyright Owners and the Copyright Board"Article by Jeremy De Beers and Mario Bouchard form the Oxford University Commonwealth Law Journal, Winter 2010" Posted by klsmith to myblog "orphan works" Canada copyright on Thu Sep 15 2011 […]
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- A State Law Approach to Preserving Fair Use in Academic Libraries


As Duke University’s first Scholarly Communications Officer, Kevin Smith’s principal role is to teach and advise faculty, administrators and students about copyright, intellectual property licensing and scholarly publishing.
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