WIPO: Scoping Study on Copyright and Related Rights and the Public Domain
WIPO has released the report from the study: Scoping Study on Copyright and Related Rights and the Public Domain as part of the Thematic Project on Intellectual Property and the Public Domain, dealing with the Development Agenda Recommendations 16 and 20 (document CDIP/4/3 Rev)
Excerpt from the report:
The public domain is one of the most debated issue in intellectual property today. As Jane Ginsburg aptly said, “the public domain is all the rage”. Which is rather paradoxical as the public domain is by definition no subject to intellectual property.
The topic of the public domain, and of its necessary preservation, has become the emblem of a wider critique against intellectual property and what this critique perceives as its increasing extension. The public domain is mainly considered as an endangered species, subject to an enclosure and commodification process. This discussion mainly revolves around the threats that the public domain has to face, such as the extension of the duration of copyright or related right, the encroachments brought by the technological protection measures or the new protection of databases. (p.4)