public domain in Adema 2009

his material under fair use, focusing on not
for profit, freedom of information and the maintenance of freedom of speech
and information and making information accessible to all:

_“The Societyofcontrol website site contains information gathered from many
different sources. We see the internet as public domain necessary for the free
flow and exchange of information. However, some of these materials contained
in this site maybe claimed to be copyrighted by various unknown persons. They
will be removed at the copyright holder 's request within a reasonable period
of time upon receipt of such a request at th

public domain in Bodo 2015

cy sites and into the kernels of today’s shadow libraries.
Libraries and other major actors, who decided to start large scale digitization programs soon needed to
find out that if they wanted to avoid costly lawsuits, then they had to limit their activities to work in the
public domain. While the public domain is riddled with mind-bogglingly complex and unresolved legal
issues, but at least it is still significantly less complicated to deal with than copyrighted and orphan works.
Legally more innovative, (or as some would say, adventurous) companies, such as Google and Microsoft,
who thought they had suff

public domain in Bodo 2016

ublics through the illegal sharing of outlawed texts.

In that sense, the pirate library is a utopian project and something more.
Pirate librarians regard their libraries as a legitimate form of resistance
against the commercialization of public resources, the (second) enclosure
(Boyle 2003) of the public domain. Those handful who decide to publicly defend
their actions, speak in the same voice, and tell very similar stories. Aaron
Swartz was an American hacker willing to break both laws and locks in his
quest for free access. In his 2008 “Guerilla Open Access Manifesto” (Swartz
2008), he forcefully arg

public domain in Constant 2009

r sharing / reuse
The lack of a download feature in YouTube could be said to protect the interests of those who wish to assert a claim of copyright.
However, YouTube ignores and thus obscures the question of license
altogether. One can find for instance the early films of Hitchcock,
now part of the public domain, in 10 minute chunks on YouTube;
despite this status (not indicated on the site), these clips are, like all
YouTube clips, unavailable for any kind of manipulation. This approach, and the limitations it places on the use of YouTube material,
highlights the fact that YouTube is primarily focused on g

little trickier as none of
them belong to me. The images from ap and David Griffths can
be GPL as well, the Scratch Orchestra images (the graphic music
scores) were always published ‘without copyright' so I guess are
public domain. The photograph of the Scratch Orchestra performance can be GPL or public domain and should be credited to
Stefan Szczelkun. The other images, Sun Ra, Black Arts Group
and Lester Bowie would need to mention ‘contact the photographers'. Sorry the images are complicated but they largely come
from a time before copyleft was widespread.






This publicat

ch, figure A-Q:
elpueblodechina, figure 151 + 152: Pierre Huyghebaert, figure 155: Cornelius
Cardew, figure 160-162: Scratch Orchestra, figure 153 + 154: Michael E. Emrick
(Courtesy of Ben Looker), figure 156-157 + 159: photographer unknown, figure
158: David Griffths, pages 19, 25, 35, 77 and 139: public domain or unknown.
This book was produced in ConTEXt, based on the TEX typesetting engine, and
other Free Softwares (OpenOffce, Gimp, Inkscape). For a written account of
the production process see The Making Of on page 323.
Printing: Drukkerij Geers Offset, Gent




Copyright © 2009, Constant.

public domain in Constant 2015

that people will play nicely, like I said.


But just imagine, what kind of licence would you need?

It might make more sense to go for a media-related licence than for
a code licence. Creative Commons licences would lend themselves easily
for this. People could choose non-commercial or pure public domain.
Does that make sense?


Tying the story to data

Well, yes but if you look at the objects that people share, we’re much
closer to code than to a video file?



Functionally it is code. But would a graffiti writer know what GPL

I am interested in the apprentice-system you were t

use I want
these communities to talk to each other.
So I was taking a tag that was created in the streets of Vienna and pulling
it into Blender and in the end I was exporting it to something that could


The Free Art and Technology (F.A.T.) Lab is an organization dedicated to enriching the
public domain through the research and development of creative technologies and media.
Release early, often and with rap music.
Blender is a free Open Source 3D content creation suite.


Tying the story to data

be 3D printed, to become something physical. The video th

I agree. I think the lack of that is related to the data. The looseness of
its licence makes it less of an invitation in a sense. If the people that put
data up there would sit down and really talk about what this means, when
they would really walk through all the implications of what it means to
public domain a piece, that would be great. I would love that. Then you
could use it without having to worry about all the morality issues and
people’s feelings. It would be more free.
I think it would be good to do a workshop with graffiti writers where
beyond capturing data, you reserve an hour after the work

hen you are that much involved. I am
just thinking how you could use the community around Open Source
software to help out. I mean ... if the online teaching tools would be
open to others outside the school too, this would be the advantage. It
would also mean that as a school, you contribute to the public domain
with your classes and courses.

That is another question. I think schools should contribute to public
domain knowledge. Right now I am not sharing any of the knowledge
about implementing OSS on a school like ours with the community. But
if all goes well I’ll have this working by December 2006. I

tyles and uses – this all links back to our interest in Free
Besides producing the signage, OSP will co-edit and distribute a modest
publication documenting the whole process; it makes legible how this temporary yellow cathedral came about. And the font will of course be released
in the public domain.
It is not an easy project but I don’t know how much of it has to do with
our software politics; our commissioners do not really care and also we have
kept the production process quite simple on purpose. But by opening our
sources, we can use the platform we are given in a more productive way; it

public domain in Dekker & Barok 2017


As the recent example of Sci-Hub showed, in the age of
digital networks, for many researchers libraries are primarily free proxies to corporate repositories of academic
journals.9 Their other emerging role is that of a digital
For more information see,
repository of works in the public domain (the role
news/2016/04/whosneered in the United States by Project Gutenberg and
downloading-piratedInternet Archive). There have been too many attempts
Accessed 28 May 2016.
to transpose librarians’ techniques from the paperbound
world into the digital domai

public domain in Hamerman 2015

capital, the digital text-sharing
underground fosters the coming-into-being of another kind of information
society, one in which the historical record is the democratically-shared basis
for new forms of knowledge.

From this we should take away the understanding that _piracy is normal_ and
the public domain it builds is abundant. While these practices will continue
just beneath the official surface of the information economy, it is high time
for us to demand that our legal structures catch up.

public domain in Mars & Medak 2017

d because of entrenched power
passed down from the old models of publishing and their imbrication with
allocation of academic prestige. Therefore, the continuous existence of this model
commands civil disobedience.
PJ & AK: The Public Library project (Memory of the World, 2016a) operates
in various public domains including art galleries. Why did you decide to develop
The Public Library project in the context of arts? How do you conceive the
relationship between arts and activism?
MM & TM: We tend to easily conflate the political with the aesthetic.
Moreover, when an artwork expressedly claims political char

public domain in Medak, Sekulic & Mertens 2014

ete. If you want to maintain your library you
can use Calibre, a free software tool for e-book library management. You can add the metadata to
your book using the existing catalogues or you can enter metadata manually.
Now you may want to distribute your book. If the work you've digitized is in the public domain
(, you might consider contributing it to the Gutenberg
oject_Gutenberg_volunteer.3F ), Wikibooks ( ) or

public domain in Sekulic 2018

ations.”(6) Here, disobedience and piracy have an equalizing effect on
the asymmetries of access to knowledge.

In 2008, programmer and hacktivist Aaron Swartz published Guerilla Open
Access Manifesto triggered by the enclosure of scientific knowledge production
of the past, often already part of public domain, via digitization. “The
world's entire scientific and cultural heritage, published over centuries in
books and journals, is increasingly being digitized and locked up by a handful
private corporations […] We need to download scientific journals and upload
them to file sharing networks. We need t

ng message opposing the
privatization of knowledge — we'll make it a thing of the past. Will you join
us?” (8) He pointed to an important issue – every new cycle of technological
development (in this case the move from paper to digital) brings a new threat
of enclosure of the knowledge in the public domain.

While “the core and the periphery adopt different strategies of opposition to
the inequalities and exclusions [digital] technologies start to reproduce”
some technologies used by corporations to enclose can be used to liberate
knowledge and make it accessible. The existence of projects such as

public domain in Stalder 2018

f6-note-0005a){#f6-note-0005}  Felix Stalder, *Der Autor am Ende
der Gutenberg Galaxis* (Zurich: Buch & Netz, 2014).

[6](#f6-note-0006a){#f6-note-0006}  For my preliminary thoughts on this
topic, see Felix Stalder, "Autonomy and Control in the Era of
Post-Privacy," *Open: Cahier on Art and the Public Domain* 19 (2010):
78--86; and idem, "Privacy Is Not the Antidote to Surveillance,"
*Surveillance & Society* 1 (2002): 120--4. For a discussion of these
approaches, see the working paper by Maja van der Velden, "Personal
Autonomy in a Post-Privacy World: A Feminist Technoscience Perspective"
(2011), online

public domain in Thylstrup 2019

eed with Google’s views on copyright and shared its desire to disrupt
existing copyright practices, others allowed Google to make digital copies of
their holdings (a precondition for creating an index of it). Hence, some
libraries gave full access, others allowed only the scanning of books in the
public domain (published before 1923), and still others denied access
altogether. While the reticence of libraries was scattered, it was also a
precursor of a much more zealous resistance to Google Books, an opposition
that was mounted by powerful voices in the cultural world, namely publishers
and authors, and o

collections.” 33 The lack of a common copyright mechanism not only hinders
online availability, but also challenges European cross-border digitization
projects as well as the possibilities for data-mining collections à la Google
because of the difficulties connected to ascertaining the relevant
public domain and hence definitively flagging the public domain status of an

While Europeana’s twentieth-century black hole poses a problem, Europe would
not, as one worker in the EC’s Directorate-General (DG) Copyright unit noted,
follow Google’s opt-out mass digitization strategy because “the European
solution is not the Google solution. We

est from the authors.15 But in 2004 the
library received its first significant copyright claim from the big Russian
publisher Kirill i Mefody (KM). KM requested that Moshkov remove access to a
long list of books, claiming exclusive Internet rights on the books, along
with works that were considered public domain. Moshkov refused to honor the
request, and a lawsuit ensued. The Ostankino Court of Moscow initially denied
the lawsuit because the contracts for exclusive Internet rights were
considered invalid. This did not deter KM, however, which then approached the
case from a different perspective, filing app

leaving the public to read in between the lines
about where the company was headed: scanning activities dwindled; the Google
Books blog closed along with its Twitter feed; press releases dried up; staff
was laid off; and while scanning activities are still ongoing, they are
limited to works in the public domain, changing the scale considerably.3 One
commentator diagnosed the change of strategy as the demise of “the greatest
humanistic project of our time.”4 Others acknowledged in less dramatic terms
that while Google’s scanning activities may have stopped, its legacy lives on
and is still put to acti

public domain in Weinmayr 2019>

‘In a settlement agreement reached between Salinger and Colting in 2011,
Colting has agreed not to publish or otherwise distribute the book, e-book, or
any other editions of 60 Years Later in the U.S. or Canada until The Catcher
in the Rye enters the public domain. Notably, however, Colting is free to sell
the book in other international territories without fear of interference, and
a source has told Publishers Weekly that book rights have already been sold in
as many as a half-dozen territories, with the settlement documents included as
proof that the Salin


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