The Material Public Domain: Res nullius and RES COMMUNES
The main categories of the material public domain were already well known to Roman law, which catalogued res nullius and res communes among the nonexclusive forms of property.
etc.), (8) but disentangling the public domain inspiration to those
while public domain advocates fight back with anecdotes and intuition.
Further, the 7th Circuit ruling confirms that when a work with a copyrighted character falls into the
public domain, if that character is featured in subsequent works not in the
public domain that include traits that are sufficiently distinctive, those new traits are protected and cannot be copied." So, a company like Disney could be disappointed in the Klinger ruling, but can hold onto the knowledge that it won't lose all of its protection for a beloved character in one fell swoop.
Online
public domain resources for vocal repertoire fall into two distinct categories: those that are free and those for which a fee is charged for access to scores.
The "
public domain" consists of materials not under
The studio largely prevailed in a 2011 8th Circuit Court decision, which held that even though the publicity material a merchandiser used to create a line of "Wizard of Oz" products had fallen into the
public domain, it still infringed on the studio's copyrights in some instances because it evoked the film.
In order to build the
public domain, the doctrine and administrative practice consecrated several procedures used in the public law, one of them being the incorporation.
The
public domain is not a "category of constitutional significance," Ginsburg wrote.