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.
In her article "Mapping the Public Domain: Threats and Opportunities," Pamela Samuelson writes that "digital information and digital networks have made the public domain more vibrant and robust, and if various digital commons initiatives attain their goals, the public domain may flourish as never before" (scholarship.law.duke.edu/cgi/viewcontent.
[D]igitization of information can have a very positive impact on the effective existence of the public domain....
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.