Part I of this study will give an evaluation of the role of the public domain in copyright, starting by a definition of what public domain is and what it should be distinguished from. The public domain in the history and justification of copyright will also be provided.
Part II will identify the components of the public domain, notably based on an illustrative comparison of national legislation. It will also analyse other legislatively granted rights and/or interests that may modify and interfere with the level of accessibility and usability of the copyright-related public domain.
Part III will provide a survey of non-legislative and private ordering initiatives, which provide for greater access, use, identification and location of the public domain and other creative material whose conditions of use are akin thereto.
Part IV will sketch a possible future for the public domain, by developing the impetus it is gaining in legislative and judicial contexts, the key principles that could govern it for a more positive status, and finally by formulating recommendations in regard to future activities on the public domain in relation to copyright that may be carried out by the World Intellectual Property Organization.
Severine Dusollier, “Scoping Study on Copyright and Related Rights and the Public Domain,” Copyright Cortex, accessed July 23, 2018, https://copyrightcortex.org/policy-evidence/scoping-study-on-copyright-related-rights-the-public-domain.