Copyright and the Public Domain

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694ONL
Book provides detailed coverage of: copyright requirements; the duration of copyright; copyright forfeiture and abandonment; the “publication” requirement and more.

The public domain—the body of creative works not entitled to copyright protection—is the world's greatest intellectual resource. Unfortunately, it can be extraordinarily hard to determine whether a work (or part of a work) is in the public domain.

The first book of its kind, Copyright and the Public Domain brings much‐needed clarity to the question of what is protected by copyright and what is not. In plain language, it explains how and why works of authorship enter the public domain. It provides detailed coverage of: copyright requirements; the duration of copyright; copyright forfeiture and abandonment; the “publication” requirement; non-protectible elements within a copyrighted work; restoration of copyrights to foreign works under GATT; conducting copyright renewal searches; non-copyright restrictions that may protect works in the public domain; and many other important issues.

Filled with pragmatic guidance on an often bewildering subject, it will help you determine which statutory regime applies to a work, what the copyright term is, and what common traps you should avoid. This authoritative and accessible new book fills an important gap in the legal literature and is an essential addition to any intellectual property law library.

Book #00694; looseleaf, one volume, 668 pages, published in 2008, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 973-1-58852-151-4.
Additional Information
SKU 694ONL
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-151-4
Page Count 668
Edition 0
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Stephen Fishman
Stephen Fishman is a graduate of the University of Southern California School of Law and a member of the California bar. He is the author of 20 legal reference works, including four books on copyright law. His publications have won the American Library Association_x0019_s Choice Award for Outstanding Academic Title and the Publishing Marketing Association_x0019_s Benjamin Franklin Award.
CHAPTER 1
Introduction to the Public Domain

§ 1.01 Public Domain Defined
[1] What It Means for a Work to Be in the Public Domain
[2] Contours of the Public Domain
[3] Determining Whether a Work Is in the Public Domain
[4] Obtaining Access to Public Domain Works
[5] Why Have a Public Domain
§ 1.02 Assault on the Public Domain
[1] Legislative Shrinking of the Public Domain
[2] Spurious Copyright Claims Over Public Domain Works
[3] Privatization of the Public Domain
[4] Defending the Public Domain

CHAPTER 2
Works Not Entitled to Copyright Protection

§ 2.01 Introduction
§ 2.02 Unfixed Works
[1] Requirements for Fixation
[2] Types of Unfixed Works
[3] State Law Protection for Unfixed Works
§ 2.03 Works Lacking Originality
[1] Independent Creation
[2] Minimal Creativity
[3] Presumption of Originality
§ 2.04 United States Government Works
[1] Works by Government Employees and Officers
[2] Works Created by Independent Contractors
[3] Special Rules
[4] Foreign Copyright Protection for United States Works
[5] Public Domain Notices on Government Works
[6] Private Works Containing United States Government Materials
§ 2.05 Works by State and Local Government Employees
§ 2.06 Foreign Government Works
§ 2.07 Laws and Court Decisions
[1] Federal Laws and Court Decisions
[2] State and Local Laws and Court Decisions
[3] Foreign Laws and Court Decisions
[4] Copyrightable Materials Added to Laws and Decisions
[5] Quasi-Official Legal Documents
[6] Court Documents
§ 2.08 De Minimis Works
§ 2.09 Information That Is Common Property
§ 2.10 Blank Forms
§ 2.11 Useful Articles
[1] What Are Useful Articles
[2] Conceptually Separable Features Protectible
[3] Two Dimensional Representations of Useful Articles
[4] Digital Models of Useful Articles
[5] Patent and Trademark Protection for Useful Articles
§ 2.12 Building Designs
[1] Building Designs Created Before December 1, 1990
[2] Building Designs Created After December 1, 1990
§ 2.13 Clothing and Dress Designs
§ 2.14 Typeface Designs
§ 2.15 Recipes
§ 2.16 Sound Recordings Created Before February 15

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