In The Public Domain: Available And Free - For All

While not an official, legal symbol, the copyright symbol with a line through it has become the generally accepted way to indicate that a work is in the public domain. It is usually accompanied by one of the following two statements:

1. This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. This applies worldwide.

2. I, the creator of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible, I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

When copyright or other intellectual property restrictions expire, works will enter the public domain and may be used by anyone.
More specifically, the public domain comprises the body of knowledge and innovation, especially creative works such as writing, art, music, and inventions, in relation to which no person or other legal entity can
of the common cultural and intellectual heritage of humanity, which in general anyone may use or exploit.

Imagine The Possibilities!

Can you imagine having a nearly unlimited, free source of
completed information which you can use to enhance your bright idea?

What if you could simply tap into that source and create
products which you can resell and turn into a
profitable stream of income?
When you know how to tap into the
public domain, all of this is possible.

Works created before the advent of intellectual property laws are part of the public domain. The Bible and Qu'ran, the works of William Shakespeare and Ludwig van Beethoven and the inventions of Archimedes entered the public domain long ago. However, intellectual property rights may exist in translations or new formulations of these works.

In addition, works of the United States government are excluded from copyright law and may therefore be considered to be in the public domain. For example, works created by a U.S. government agency become part of the public domain at the moment of creation. Other examples include: NASA photographs, military journalism, federal court opinions (but not necessarily state court opinions), congressional committee reports, census data, and the U.S. government website. Availability of such documents may, however, be limited by secrecy laws.

In the United States, all copyrights and patents have a finite term; when this term expires, the work or invention is released into the public domain. For example, patents expire 20 years after they are filed. However, a trademark registration may be renewed and remain in force indefinitely provided the trademark is used, but could otherwise become generic. Copyrights are more complex; generally, they expire in all countries when a variety of specific conditions are satisfied.

Before 1978, unpublished works were not covered by the federal copyright act. This does not mean that the works were in the public domain; it means that they were covered under state copyright acts. Websites that claim that "pre-1923 works are safe" are wrong. These works, now under federal copyright, will not expire for several more decades.

Patents

Publishing the details of an invention before applying for a patent will generally place an invention in the public domain and prevent its subsequent patenting by others. For example, when a chemistry journal publishes a formula, this prevents patenting the formula by anyone. There is an exception to this; however, in U.S. law, the rightful inventor may file a patent claim up to one year after publishing it.

Trade Secrets

If guarded properly, trade secrets never enter the public domain. For example, a business may keep a product formula like that for Coca-Cola a secret indefinitely. However, if it is disclosed to the public, the former secret enters the public domain, although the former secret may still be patented in the United States.

Trademarks

A trademark registration is renewable. A trademark owner may maintain a registration indefinitely by paying renewal fees, using the trademark and defending the registration.

However, a trademark or brand may become a generic term for a particular type of product or service if people do not use it as a trademark (i.e. as a name or graphic representation exclusively identifying that that product or service originates from a particular business).

A genericized trademark -- sometimes known as a generic trade mark, generic descriptor or proprietary eponym -- is a trademark or brand name which has become synonymous with the general or formal term for a particular type of product or service, to the extent that it often replaces this term in colloquial usage.

One famous U.S, example is "thermos". An interesting philosophical issue is that a manufacturer who invents an amazing breakthrough product which cannot be succinctly described in plain English (for example, a vacuum-insulated drinking flask) will inevitably find its product described by the trademark ("Thermos"). If the product continues to dominate the market, eventually the trademark will become generic ("thermos"). Other examples are: escalator, trampoline, raisin bran, linoleum, dry ice, shredded wheat, mimeograph, yo-yo, nylon, kerosene, cornflakes, cube steak, lanolin, and high octane, masonite, allen wrench, pabulum, styrofoam, and zipper.

One consequence of a trademark becoming generic is that the exclusive rights which may attach to the use or registration of the trademark can no longer be legally enforced. Genericide typically occurs over a period of time where the trademark owner does not maintain or enforce its proprietary rights (e.g. by using the mark or by pursuing infringement action).
However, genericide is not an inevitable process. In the late 1980s "Nintendo" was becoming synonymous with home video game consoles but Nintendo was able to reverse this process through marketing campaigns. Xerox was also successful in avoiding its name becoming synonymous with the act of photocopying.

Domain Names

A domain name, which may be bought and sold, never enters public domain. If nobody owns it, it simply doesn't exist. Top level domains, such as .com, are controlled by the Internet Corporation for Assigned Names and Numbers.

Internet Public Domain Resources

Many people are using the Internet to contribute to the public domain, or make works in the public domain more accessible to more people. For example, Project Gutenberg is coordinating the efforts of people who transcribe works in the public domain into electronic form in order to create e-book. See the Resources section of this newsletter for key links.

Is The High Cost of Public Safety and Tough-on-Crime Platforms Hypnotizing the Public?

Steven Greenhut walked to his office in Sacramento in a suit, tie and reading glasses. His appearance nondescript. Mild mannered. A little like Clark Kent. Like the super-hero's other half, Steven Greenhut fights for justice. Where you wouldn't expect him to have to. He watches over the police and California government and protects and serves the public by exposing some of their flaws. Instead of using physical strength, Steven Greenhut exercises his brain with tenacious research and polished writing. Like Clark Kent, he might need an alter identity.

Born in Philadelphia he has had a normal life. He's never had any police brutality hit close to home or overzealous law problems to motivate him. So what leads a journalist to go after the abuses of our government?

"I got involved in politics at the Iowa Caucasus and began writing about it. I found my calling."

From a small newspaper in Ohio, then the Orange County Register, a number of magazine articles, and a published book, "Abuse of Power" later; he stands in front of the Pacific Research Institute as the director of the California Watch Dog to expose the state's corruption and excess.

"It was my vision."

An example of his writing and the target is found in his article "COP LOBBY FLEXES ITS MUSCLE". He sits in on the California Public Safety Committee hearing in Sacramento where at stake is the public right to know when police break the law, senate bill 1019. The fix is in. A seat that used to hold Mark Leno, a San Francisco Democrat who supported police oversight was empty. Now, The seats were filled with special, invited guest - various law enforcement lobbyist. Now an officer of the law can mistakenly arrest you, beat you, kill you and then the public (including the victim and their families) will learn nothing about the investigation or whether that officer was disciplined. The public is now forbidden from learning about the background of officers who repeatedly use excessive force.

With another article featured in the Orange County Register that slams the California Prison Union as thugs who take advantage of the state with increasingly outrageous pay raises, pensions and perks, or another article that slams the L.A. Police for brutality; Steven Greenhut watches over California like a sagacious eagle.

In response to another story he wrote in the L.A. Times about a dirty cop, you can see part of what makes Steven Greenhut tick.

"Law enforcement unions want us to believe that all their members are heroes and should be afforded every benefit of the doubt. Since 9/11, Americans have become much more slavish in their obedience and less willing to echo the views of our founding fathers who understood that free citizens should be afraid of their own government. As Thomas Jefferson said, 'when the people fear the government there is tyranny; when the government fears the people, there is liberty.'

The only retaliation he's had so far for trying to keep the law honest with his research and writing as a watchdog is a few threatening messages telling him not to get pulled over in their town. He turns and walks into the Pacific Research Institute hungry to get back to work and doesn't seem to worried.

The answer is smart on crime and we have to look at Nevada as an example. In Nevada released inmates are placed in jobs such as sanitation. Nevada has the lowest rate of return to prison for released prisoners in the nation.

What Types of Public Records Are Available to the Public?

Even as the search for public records has been increasing by the day, people in general have a very vague idea about such archives, their utility as well as the procedure to access them. In fact, a public record denotes data collected, categorized and filed by the government or its agencies regarding every individual. These records are preserved by the government authorities and made available to people on request either free or in return for an administrative and assist in conducting people search, criminal background check and the likes. However, the sole discretion of making the public records accessible wrests on the concerned authorities and also depends on the prevailing laws of any particular jurisdiction.
Public records comprise minute personal information and preferences of an individual and are meant to be made accessed by the people virtually without any cost, many organizations compile data base obtaining these records from different resources and use them commercially. Hence, accessing public records is not always easy, free or convenient. Many organizations offer public records online as well as in paper dossiers for a fee and they are frequently availed by professionals engaged in legal, government, corporate, law enforcement, scholastic market as well as risk management. While searching public records manually is time consuming and requires a person to personally visit various government offices, an online search is more feasible vis-à-vis time, efforts and money.
Nature of Public Records
Although the implication of public records remains constant, the types of public records made available to people in general depends on the prevailing laws in a particular jurisdiction. In general, public records refer to the following:
* People Search.
* Criminal Background Check.
* Records Checks.
* Birth Record Checks.
* Death Record Checks.
* Marriage Records.
* Market Research Records.
* Customer Safety Information.
In fact, a public record search is an effective manner to find out the bona fides of any individual. Depending on what one is searching, he or she may try to obtain the specific record from the specific source - be it a central or federal government department, municipality, church or any other source. One may even approach a private organization dealing in public records - whether online or otherwise like in the instance of a private detective. These organizations or individuals maintain data base from different private and government resources and help you to avoid personally visiting the concerned offices in return for a fee.
Popularity or dependence on such organizations or private investigators are increasing with the passing of each day as individuals, families, corporate firms and the communities at large are endeavoring to obtain information concerning people they are associated with or intend to build up a relation. These days, public records are vital as everyone wants to know every minute detail about the person they are allied with - they want to learn whether he or she has any criminal background.
Nevertheless, there is a lot of controversy regarding the searches for public records as many people are of the view that any such attempt is an invasion on their privacy and privileges. Although public records do not include an individual's bank or credit card details, many consider it to be a privacy theft and a reason for their economic losses. All these notwithstanding, public record checks have become a way of life, not only for the corporate firms that conduct them for commercial purposes, but also for the commoner who undertake such searches even before lending money to someone or arranging a marriage.

Ethical Behavior As a Solution For the Public Interest

The thrust of the report and its recommendations were to try to change institutions so as to emphasize and reinforce ethical behavior, to promote rather than discourage those who would be ethical, to make unethical behavior more difficult to perform and easier to detect.

As always, the trick is to make institutions work to the benefit of individuals not to pretend that all the problems are individual ones. To take institutions seriously and seeks both an analysis of the problems -and the basis of the solution -in terms of the institutions of government.

Making our institutions, government and no government, work better to live up to the ends which justify their existence.

Likewise, ethics can be a part, but not all, of the answer. The problems and answers are to be found in the combination of law, ethics and institutional design. These powerful trios of factors which collectively shape the way our institutions perform form what David Wood called my "trilogy". Researchers were never quite satisfied with this term and have played around with "triad", "triangle" and "troika".

However, it now seems to me that the most appropriate term, if blasphemy can be disclaimed, is "trinity" - a set of elements that can be seen individually but amount to different aspects of a whole.

Let us assume for the moment that the justification of public sector agencies is to serve some stated community value such as educating school children, improving the health of the community or increasing our exports. Such a justification should provide a reason for blocking off avenues by which monies provided for those purposes was expended for other ends and removing incentives for them to do so. At the same time, those institutions would be prevented from doing so at the expense of other values such as human rights.

These avenues may be closed off by criminal or civil sanctions, by regulation, by administrative law, by parliamentary scrutiny (or scrutiny by some specially constituted body such as an Ombudsman), by public accounts committees, by subjecting public sector organizations to standard approval requirements, duties to provide environmental or regulatory impact statements.

However, the justification is also, and primarily, positive. It reminds us what the institution is therefore. As such it justifies having a hospital or health department but the powers to fulfill the function which justifies having that organization in the first place. It is on these grounds that the wide powers of ministers and bureaucrats to carry out their duties would have to be justified. Too often administrative law falls into the trap of trying to ensure that bureaucratic power is not used in a way that it does unintended harm rather than attempting to ensure that it is exercised so as to further the value which justified the power in the first place.

Such justifications offer ready-made purposes for purposive interpretations of the laws establishing a statutory body and the laws through which public officers gain their powers. As such it has the potential to make the law more coherent, more accessible and easier to obey (members of the institution can be reasonably certain that if they act to help the institution realize the values that justify it, then they will be within the letter and spirit of the law).

By such combinations of measures, law should be used to push institutions into fulfilling the purposes that justify them.

Public Records For The Public's Use

Public records are files or information available for everybody. Although in principle the public can access such records, the government agency where the information can be procured may have rules and policies on releasing such information. Some may charge a fee. The Freedom of Information Act of the United States of America was promulgated during the time of President Lyndon Johnson on July 4, 1966. This law basically guarantees access to information about the government and local agencies. This does not encompass information about personal or private information.
Public records include Census records. Census files pertain to information about the members of the population. These comprise birth, death, marriage and other information about the population.
Consumer protection information is also considered public document. Federal laws like the Fair Debt Collection Practices Act, the Gramm-Leach-Bliley Act, the Fair Credit Billing Act, the Fair Credit Reporting Act, and the Truth in Lending Act all protect the rights of the consumer. It is sanctioned by the Federal Trade Commission and the U.S. Department of Justice. Information regarding consumer protection must be freely available to the public.
Court dockets are also public documents. In a court of law, a court docket is a folio of official summary of proceedings. Anybody can have access to this type of information.
Criminal records which consist of an individual's criminal history, is also considered public document. These may be used for a wide variety of reasons which can include background checks, security clearance, immigration/travel requirements, adoption, licensing, used to support convictions in criminal prosecutions, and as a tool in developing suspects in a criminal examination.
Government spending reports are also public files. The general public has a right to know how government funds are spent thus these types of files must be made available to everybody.
Legislation minutes are also public documents. Documents used in the legislature must also be made available to the general public.
Professional and business licenses are also public documents. Information regarding complaints, investigations and disciplinary actions on professionals must be made available to the public. The same holds true for business enterprises.
Real estate appraisal records are also public files. Land or property valuations must be made available because they are used as basis in land or property transactions.
Sex offender registration records must also be made public. The general population must be made aware regarding sex offenders so as to protect the minors and adults from these kinds of people.
Public records can now be accessed either through the traditional means or via online. Traditional means can be time and effort consuming because one has to transact with the proper government agencies to procure the necessary documents. Online data banks on the other hand can provide the same needed information in the comforts of one's home or office. Some websites offer it for free while some charges fees.
Prior to embarking on a public document search online, it is best that one does research first on which sites can best provide ones needs especially if these sites are charging fees for the information.

Criminal Law - Keep the Public Safe From Felons

Criminal law involves different rules that can cause the prosecution of a person for acts identified as crimes by the government. People found guilty of committing a criminal act would be incarcerated, fined, or both. Committing a crime means violating public laws which are established by the federal government, the state or the local government. These include felonies such as murder and rape as well as misdemeanors such as petty theft or jaywalking. Most felonies are punishable by one to two years imprisonment while misdemeanors are punishable by less than a year inside the slammer or other lighter punishments such as community services depending on the weight and kind of crime committed.

Ancient civilizations such as the Sumerians were the first to write codes of laws but did not distinguish civil and criminal laws. Most violations of the written laws were punished accordingly by physical punishment such as whipping or caning, incarceration which may vary from a day to life, house arrest, paying damages, or execution. As the written laws developed and distinguished civil laws from criminal laws, criminal sanctions are enforced according to five objectives:

    Retribution - the aspect of making criminals pay for the crime they committed by placing them at some unpleasant disadvantage
    Deterrence - this aims to sufficiently penalize offender to discourage him and other offenders from committing the crime and other criminal behavior
    Incapacitation - criminals are taken away from the society so that the public can be safe from them. Prison sentences as well as death penalties serve this purpose.
    Rehabilitation - involves transforming an offender into a better citizen
    Restitution - this aims to repair any hurt inflicted to the victim by the offender such as paying for damaged properties or embezzled money.

The different crimes that fall under the criminal law statutes include:

    Appellate law
    White Collar Crime
    Bribery
    Counterfeiting/forgery
    Embezzlement
    Fraud
    Healthcare fraud
    Government fraud
    Murder/homicide
    Tax evasion
    Violent crime
    Theft/property crime
    Drug crime
    Juvenile crime
    Child abuse crime

In the United States, prosecutions for criminal law offenses are initiated by complaints issued by a judge or an indictment issued by a grand jury. However, felonies in Federal courts require indictment or a formal accusation based on the Fifth Amendment to the United States Constitution. Furthermore, the Sixth Amendment provides the criminal defendant with a right to a speedy and public trial by an impartial jury of the State in both state and Federal courts, to be informed of the nature and cause of accusations, to be confronted with the witnesses against him, to obtain witnesses in his favor, and to be given a right to a Counsel for his defense but can defend himself and act as his own lawyer.