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I know CC0 and the WTFPL for example exist to grant all rights associated with the public domain, without placing it in the public domain, because this is difficult, or in some cases impossible. I know it is impossible in Norway and Germany.

Why is this difficult, and how can I release some project effectively into the public domain, for jurisdictions that have such a concept?

If it varies greatly per jurisdiction, how can I do it for the US?

Martijn
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4 Answers4

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TL;DR

The safest way to signal your intent to give up all rights on your work currently is CC0 in most jurisdictions. The safest way to use works in the public domain is to still do it like moral rights apply, even if the copyright in your country doesn't know the concept.


First of all, most jurisdictions have some concept that is more or less similar to public domain (in germany for instance 'Gemeinfreiheit'). But only some countries allow to explicitly assign a work to public domain. So in many jurisdictions a work only becomes public domain, if the time for exclusive rights expire (70 years after authors death in many countries).

To go more into detail here, the Wikipedia-article covers 4 ways a work can become public domain.

Works not covered by copyright law

This is for works, that for some reasons are not covered by copyright laws. This is working in most jurisdictions, although there might be different rules what is covered and what not.

Expiration of copyright

That's what I wrote above, pretty much all jurisdiction have a limit on how long a copyright can be claimed. After that the work can be counted as public domain.

Government works

This is varying very much between jurisdictions. Which of governmental works (or works of other public bodies) is counted as public domain is very dependent on local laws.

Dedicating works to the public domain

This is the case the question implicitly asks. The author explicitly applies his works to public domain. Wikipedia writes here:

Few if any legal systems have a process for reliably donating works to the public domain. They may even prohibit any attempt by copyright owners to surrender rights automatically conferred by law, particularly moral rights.

As can be seen, this is the difficult part. Countries like Germany know the concept of moral rights, that you cannot give up. These cover the rights of the author for attribution or that a work isn't used to denigrate the author.

Moral rights

It has to be noted, that many countries maintain the moral rights even after the commercial rights are expired. So in these countries you still may not use a work of a long dead author for example without proper attribution. In these cases you can say that it is impossible for a work to really properly become part of the public domain. The Berne Convention includes moral rights, although the final ratification still differs strongly even between signatories.

Even for the US, that hasn't the concept of moral rights, it still might be against other laws to violate the moral rights, for instance laws against defamation.

How can I dedicate a work to public domain

You can simply declare, that you put your work under public domain. This may even work in countries that haven't the concept: I remember a law-suit, there the court accepted the public domain dedication as the authors intent to give up his rights.

Also there are some licenses (you name CC0 and WTFPL) that work in that way and give rights similar to what Public Domain would mean. CC0 seems a pretty safe way to make this work in most jurisdictions. Even if your country allows to dedicate a work to public domain, it may be safer to use CC0, as a user in another country might still not be allowed to use your work as PD.

Still, be it a declaration of public domain or CC0, you will keep your moral rights in countries where it applies. So it may be safe to use such works still with proper attribution and not use it in an abusive way.

Mnementh
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  • "You can simply declare that you put your work under public domain. This may even work in countries that haven't the concept". I'm not a lawyer but I agree with this. Copyright doesn't require explicit permission to make copies, simply implied permission to make copies is good enough. Even if you can't legally place your work under public domain, any attempt to do so is clearly giving people permission to make copies in my opinion. – Abhi Beckert Jul 28 '15 at 08:38
  • In Norway, if you publicly perform a recorded musical work where the performer has abandoned all rights by using CC0, or the artist simply declare that the recording is in the public domain, you are obliged to pay a levy to a solidarity fund for performing artists, managed by the collection society GRAMO. I doubt that performers expected (or wanted) this to happen. While (AFAIK) there are no similar legal hazard when CC0 is applied to software, these legal tools tend to lead to unexpected effects and OSI recognizes this problem and do not put them on their list of approved licenses. – Free Radical Jul 28 '15 at 12:14
  • @FreeRadical: But the same happens if the author published his musical recording under MIT, am I right? So I see no difference here. The law applies these restrictions independent of the authors intent. No license will save you from that. – Mnementh Jul 28 '15 at 12:25
  • Nope. I've negotiated this with the Department of Culture (on behalf of the CC Norway affiliate), and according to the Department of Culture the only legal tool that triggers this absurd clause is CC0. The MIT License doesn't abandon the author's moral rights (they're not mentioned, so default copyright law applies). – Free Radical Jul 28 '15 at 12:27
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    @FreeRadical: That seems strange, so the WTFPL would be OK? MIT would be OK? A public domain dedication would be OK? What magic does CC0 that only this triggers this law-clause? And is the opinion of the norwegian department of culture legal binding? – Mnementh Jul 28 '15 at 12:31
  • I have no idea about the WTFPL, as it has never been under discussion. 2) While the MIT has not been under discussion either, I have reason to believe it would be OK, as it does not attempt to abandon moral rights, and that seems to be an important criteria. I believe the problem is with CC0 is its explicit waiver of all rights, including moral rights. 3) The opinion of the norwegian department of culture is not legally binding. However, when GRAMO started charging for this in 2013, the involved parties paid up, and then stopped distributing the music. They did not want to go to court.
  • – Free Radical Jul 28 '15 at 12:49
  • @FreeRadical: Thanks. A strange thing indeed, but I don't say laws and jurisdiction is always logical. – Mnementh Jul 28 '15 at 13:10
  • “Copyright doesn't require explicit permission to make copies” this is wrong since the Berne convention. Using any copyright licence, no matter how free, makes the work usable in almost 200 countries; not using a copyright licence and stating it’s PD (even if it is in the country of origin) makes it unusable in all other Berne Convention signatories because absence of a licence makes a work non-free under the Berne Convention period. – mirabilos Jan 15 '16 at 11:31