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4 - The Global Public Domain – Limits Imposed by International Law

from Part II - Constraints and Supports, Global and National

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 introduces and analyses the global public domain, which is created by the complex patchwork of international copyright agreements, centred on the Berne Convention, that constitute international copyright law. The chapter first explains what is meant by the global public domain. Following this, it introduces international copyright law, and sets out and describes the principal multilateral international copyright agreements. The chapter explains how the global public domain was constructed by the birth and development of international copyright law, and identifies structural biases in the international framework. The twin pillars of international copyright law – the principle of national treatment and the obligation to confer minimum levels of protection – are introduced and analysed. The chapter identifies, describes and examines the main elements of international copyright law that set limits on national public domains, namely: the prohibition of formalities; minimum terms of protection; minimum protectable subject matter; and minimum exclusive rights. For each of these elements, the implications for the public domain are analysed.
Type
Chapter
Information
Public Rights
Copyright's Public Domains
, pp. 87 - 122
Publisher: Cambridge University Press
Print publication year: 2018

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