1 - The Copyright Public Domain – A New Approach

Summary

This chapter explains and justifies the approach to the public domain applied in this book, as the freedom or ability to use works without permission. It distinguishes our approach from previous approaches to the public domain. The book’s theoretical and methodological assumptions are outlined; and the relationship between our ‘realist’ perspective and established theoretical approaches to copyright is described. The chapter also identifies and summarises the traditional values that support the copyright public domain. As copyright law is inherently territorial, the chapter introduces important differences in national legal traditions. To support the comparative legal analysis of the public domain undertaken in the book, the essential features of EU copyright law are identified. The arguments presented in the chapter are summarised and the book’s objectives outlined.