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17 - Reform Agendas for the Copyright Public Domain

from Part IV - Conclusions

Published online by Cambridge University Press:  07 June 2018

Graham Greenleaf
Affiliation:
University of New South Wales, Sydney
David Lindsay
Affiliation:
University of Technology Sydney
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Summary

This chapter reviews our arguments and conclusions concerning achievable reforms to strengthen national copyright public domains. The first type of innovation of our approach is that we take the public domain, and the values on which it based, expressly into account in our analysis of the central doctrines of copyright law. The second innovation comes from how our expansive conception of the copyright public domain goes beyond previous attempts at defining or mapping it, best illustrated by the final three of our fifteen categories: neutral compulsory licensing; neutral voluntary licensing; and the de facto public domain of benign uses. We then summarise those reforms to national copyright public domains which our analyses in Part III suggest are desirable, which are achievable, within the constraints of international copyright law, and which are intended to take due account of the interests of all relevant parties. Finally, we sketch what could be called contemporary public domain values, and what they might imply for the public rights that could provide the basis for future reform of national laws, institutions and practices. Reconciling these contemporary values with the legitimate interests of creators and owners will and should require many compromises.
Type
Chapter
Information
Public Rights
Copyright's Public Domains
, pp. 543
Publisher: Cambridge University Press
Print publication year: 2018

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