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.