{"id":463,"date":"2008-05-16T16:58:22","date_gmt":"2008-05-16T23:58:22","guid":{"rendered":"https:\/\/www.reenigne.org\/blog\/?p=463"},"modified":"2008-05-16T16:58:22","modified_gmt":"2008-05-16T23:58:22","slug":"copyrighting-public-domain-information","status":"publish","type":"post","link":"https:\/\/www.reenigne.org\/blog\/copyrighting-public-domain-information\/","title":{"rendered":"Copyrighting public domain information"},"content":{"rendered":"<p>Some people seem be confused about copyright and public domain, thinking things like:<\/p>\n<ol>\n<li>I used some public domain code in my program, so I have to release it as public domain as well<\/li>\n<li>I should be able to take some public domain code, add my own copyright to it and then prevent anyone else from using the public domain version<\/li>\n<li>I need a new law passed so that I can copyright this list of facts I compiled.<\/li>\n<\/ol>\n<p>These are all wrong. Public domain isn&#8217;t a copyright license like <a href=\"http:\/\/www.gnu.org\/copyleft\/gpl.html\">the GPL<\/a> &#8211; it&#8217;s just the absence of copyright, meaning that you can do what you like with it.<\/p>\n<p>There&#8217;s nothing stopping anyone from taking copyright-expired works of arts or lists of facts and copyrighting them, but such a copyright would be completely useless because it couldn&#8217;t be enforced &#8211; if you sue someone for violating your copyright on that work they have an iron-clad defence &#8211; they can just say &#8220;my work is based on the public domain version, not your version&#8221; (in the case of copyright-expired works) or &#8220;I compiled my own list of facts which happens to be the same as yours because both are based on the same reality&#8221; (in the case of the phone book example) and you would not be able to prove that they had referred to your copyrighted work.<\/p>\n<p>No new law is necessary because there&#8217;s an easy workaround &#8211; just change something slightly to make it a new creative work &#8211; add a fake name to your phone book or change a few words in that old story. Then not only do you have a perfectly good legal case against anyone who copies your work, you also have a way to prove it (their copy will also have your changes). And you won&#8217;t be &#8220;removing&#8221; anything from the public domain to boot. Sure you probably can&#8217;t make much money by taking public domain works, changing something and then releasing a copyrighted version, but that&#8217;s seems quite reasonable to me because you haven&#8217;t actually contributed much (if anything).<\/p>\n<p>I understand that map makers have used this technique in the past &#8211; changing the position of roads slightly or adding features to the map that don&#8217;t exist in reality in order to make their maps copyrightable &#8220;creative works&#8221; and to enable them to track down counterfeiters.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Some people seem be confused about copyright and public domain, thinking things like: I used some public domain code in my program, so I have to release it as public domain as well I should be able to take some public domain code, add my own copyright to it and then prevent anyone else from [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43],"tags":[],"class_list":["post-463","post","type-post","status-publish","format-standard","hentry","category-copyright"],"_links":{"self":[{"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/posts\/463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/comments?post=463"}],"version-history":[{"count":0,"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/posts\/463\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/media?parent=463"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/categories?post=463"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.reenigne.org\/blog\/wp-json\/wp\/v2\/tags?post=463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}