Definition of Works in the Public Domain

What is the definition of works in the public domain? This is a very important question to answer, especially if you are looking for non-copyrighted work, or if you have happened to come across a piece of literature or art that is referred to as being in the public domain.

According to the dictionary, the definition of public domain is: "Government-owned land; all publications, processes, and inventions that are not protected by patent or copyright."

• Government owned land that is part of the public domain would constitute things like parks or roadways where anyone is permitted to be (as long as they obey the rules of law)
• When most people think of the definition of public domain, however, they are thinking of it in terms of this second definition: non-copyrighted works.

Public Domain and Creative Works

The public domain designation applies to both tangible and intangible items that are no longer protected by copyright law, or that have never been protected by a copyright.

Examples of Public Domain Works

Some items that would be considered works in the public domain include:

• Works of Shakespeare
• Painting of the Mona Lisa
• Formulas for math and physics
• Beethoven’s music
• Patents to flight supplied by power

These and other similar works are part of the public domain for many reasons - sometimes because the original owners didn't copyright them and other times because the works are simply too old, the copyrights haven't been renewed and the copyrights no longer exist.

Using Public Domain Material

When items (intellectual property, etc.) are considered to be a works in the public domain, that means that reproduction of the item is completely acceptable and the item can be used in any way that the user wants, even without the express permission of the original party.

These materials can be copied and shared because either the copyright has expired or because there was never an existing copyright in the first place so there are no laws preventing the dissemination of the information. This is why so many older works such as books from certain authors and music from composers that was created hundreds of years ago can be used without permission from the original author or owner of the property.

Comparing Public Domain and Copyrighted Works

To further define works in the public domain, we can use examples of works to illustrate the difference between a work that is considered to be public domain and a work that is still protected by some sort of copyright law or intellectual property law.

For instance, we will look at two examples of music.

• The compositions of Beethoven are public domain. They can be played at concerts by any orchestra that wants to play them, and no fees or royalties must be paid to Beethoven or his heirs.
• If we look at a current artist such as Miley Cyrus, her works are protected under intellectual property law. Those works would not be able to be used without the express written permission of her or the record company. Using Cyrus’s work without her permission would violate intellectual property law since her works are not considered to be part of the public domain. This is what gives musical artists the right to sue for copyright infringement when their files are stolen and downloaded for free on peer to peer file sharing networks such as Napster, Limewire, Frostwire, and Ares.

Any works that are considered to be a part of the public domain can be used and changed at the express decision of the user. This is why in recent years, the works of Shakespeare have been adapted freely into film and some have even put their own personal and humorous twists on these stories.