Seems The Words ‘Public Domain’ AND ‘Public’ Confused Everyone W.R.T. Copyrights!

 

First understand the meaning of Publication:

What is publication? By making the work available to the public via issuing of copies, communicating to the public, could be physical distribution / lending, in electronic form, transmission, broadcasting, or vide any other medium. If you publish without license, then this is NOT considered as publication. For Copyrights, either the Work would be Published, or, Unpublished. If Published, you need to mention its first date of publication and the territory where it was first published, and the name of the Publisher, who could the Author himself/herself (self-publisher). And if the work is unpublished, then no date of first publication is needed.

The work when published, may not be available in public as such, albeit, in which case you see for translation/publishing rights/compulsory licenses etc. are acquired by the prospective publisher from the owner/author itself, or, vide making petition to the Registrar of copyrights. Is it Copyright free? Nope! Until the term of the copyright is expired, or the author/owner has renounced its rights, or, certain government works, or, dedicated works. Albeit the legal term of copyright takes decades to expire!

Now, there’s a term called public domain works which include the works that I’ve underlined above, for example, works whose term of copyrights have been expired, etc. Thus, don’t get confused with the word public domain works, and, the works that have been published and available in the public. Seems, this is what making general people confused. They think when the term public domain is used, then that include all the works which are published, available anywhere, whose term of copyright has either expired, or is free to use, or copyright don’t even exist in such works; which is WRONG! And maybe, these automated answers as shown below are further confusing them:

Readers don’t read further as what is meant by public domain, and presume that whatever is available in the public, are Copyright free works.

Notice the difference between public domain which could be copyright free and the works available in the public which mostly would be protected by copyright.

And even if the works are in the public domain, as stated above, one cannot claim the Authorship of the Work. In my immediate previous blog, I’ve explained, briefly, the essential features of Copyright. You cannot publish Shakespear’s Romeo and Juliet in your own name. Can you? Thus, even if the term of the Copyright is expired, then too, one cannot take the moral rights or authorship rights of the owner or author of any Work.

Thanks! 😊

© Pranav Chaturvedi