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16 - The De Facto Public Domain – Internet-Enabled Public Rights

from Part III - Public Domains: Categories of Public Rights

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 analyses a category of the copyright public domain arising most often from Internet-published content: de facto public rights arising from benign uses of such content and the acquiescence of copyright owners in its use because of benefits to them. Conditions for their occurrence are proposed, and ‘tolerated use’ distinguished. Examples include the operation of search engines, automated translation facilities, reproduction of legislation and case law, some non-commercial mass digitisations, and some forms of fan fiction. Another closely related ‘Internet effect’ on the copyright public domain is ‘spillovers’ of national public domains on other national public domains. This is in effect an Internet-enabled partial equalization of public domains across jurisdictions, effectively expanding the public domain in countries that benefit from these spillovers. As a result, some aspects of public rights become more global, despite national boundaries. These Internet-enabled practices have expanded the global public domain. Although examples may occur only infrequently, they are often of large scale, and should not be ignored in an account of the public domain.
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Chapter
Information
Public Rights
Copyright's Public Domains
, pp. 518
Publisher: Cambridge University Press
Print publication year: 2018

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