presentation about the public domain manifesto at the Communia workshop in Luxembourg. (1 february 2010, together with Lucie Guibault)

10. The book, in and as a book, belongs to the author, but
as a thought, it belongs...and I am not overstating...to all
humanity. All sentient beings have a right to that
thought. If one of these two rights (the authors right to
the book and the people's right to the thoughts) has to
be sacrificed, this should be, for sure, the rights of the
author. This is because the public good is our primary
concern, and I declare this [as an author], the people's
rights come before ours.
Victor Hugo, Discours d’ouverture du
Congrès littéraire international de 1878
translation: Derek Kerton (via techdirt.com forum)

11. the Public Domain manifesto
• Objectives:
• to broaden the concept of the Public Domain in the
digital age
• intended as a position statement in the discussion
around the scope of copyright in the digital public
domain.
• based on critical (academic) analysis of the scope of
copyright legislation.
• Drafting process started in june 2009 at a special WG6
meeting
• Released on 25 january 2009 and has been signed by
more than 1800 individuals and 55 organisations

12. two parts of the Public Domain:
• The Public Domain:
• works of authorship where the copyright protection has
expired.
• the essential commons of information that is not
covered by copyright.
• Voluntary commons and user prerogatives:
• works that are voluntarily shared by their rights holders.
• the user prerogatives created by exceptions and
limitations to copyright, fair use and fair dealing.

13. principles (public domain)
1. The Public Domain is the rule, copyright protection is the
exception.
2. Copyright protection should last only as long as
necessary to achieve a reasonable compromise between
protecting and rewarding the author for his intellectual
labour and safeguarding the public interest in the
dissemination of culture and knowledge.
3. What is in the Public Domain must remain in the Public
Domain.
4. The lawful user of a digital copy of a Public Domain work
should be free to (re-)use, copy and modify such work.
5. Contracts or technical protection measures that restrict
access to and re-use of Public Domain works must not
be enforced.

14. principles (the voluntary commons)
6. The voluntary relinquishment of copyright and sharing of
protected works are legitimate exercises of copyright
exclusivity.
7. Exceptions and limitations to copyright, fair use and fair
dealing need to be actively maintained to ensure the
effectiveness of the fundamental balance of copyright
and the public interest.

15. recommendations (1)
1. The term of copyright protection should be reduced.
2. Any change to the scope of copyright protection
(including any new definition of protectable subject-
matter or expansion of exclusive rights) needs to take
into account the effects on the Public Domain.
3. When material is deemed to fall in the structural Public
Domain in its country of origin, the material should be
recognized as part of the structural Public Domain in all
other countries of the world.
4. Any false or misleading attempt to misappropriate Public
Domain material must be legally punished.
5. No other intellectual property right must be used to
reconstitute exclusivity over Public Domain material.

16. recommendations (2)
6. There must be a practical and effective path to make
available 'orphan works' and published works that are no
longer commercially available (such as out-of-print
works) for re-use by society.
7. Cultural heritage institutions should take upon
themselves a special role in the effective labeling and
preserving of Public Domain works.
8. There must be no legal obstacles that prevent the
voluntary sharing of works or the dedication of works to
the Public Domain.
9. Personal non-commercial uses of protected works must
generally be made possible, for which alternative modes
of remuneration for the author must be explored.

20. you can sign the Public Domain Manifesto at:
www.publicdomainmanifesto.org