Research On Public Domain In Copyright Law

According to the Copyright law, the works created by the author are protected fully and completely. Public can use the work freely within the provision dictated by the Copyright law, thus ensuring the completion of the re-creation and the flow of information. However, since the second half of the 20th century, the rights of copyright expand irrationally and public information and knowledge continue to be squeezed making the Copyright law in the public domain faced with the risk of constant reduce, and the balance between the author and the public suffered from breakage. Under the influence of expanding and reducing, the interest of public undergoes with great challenges. It is hoped that the copyright system may go back to its rational way.Domestic and international intellectual property law experts have conducted a study on the public domain. Foreign countries have set up public domain research centers and other sharing programs with the support of research centers. They advocate the concept that works must retain part of the rights so that public can use works freely under certain conditions which ensures to the enrichment and protection of the public domain. In China, some scholars in Copyright law are studying the public domain, such as concluding the concept, seeking the rationality of its existence and realistic evidence, introducing the functions, and calling for attention to the survival and development of the public domain. Although the results of their research are still relatively more, systematic studies and the protections are rare. The purpose of this study is to build and to enrich public domain so as to ensure the dissemination of knowledge and cultural heritage by hackling the concept of public domain from the etymology point of view, by analysing the rationality from various angles, and by introducing functions in details.By using normative jurisprudence, comparative jurisprudence and economic analysis and other methods, the hot issue, namely the public domain, is going to be studied. Based on this, the thesis divides into five parts.The first part is to "explain the reasons for research in the public domain and to point out the subject of study", including the balance between the author and the public concerning Copyright Act, the breakage of the expansion of the right and the balance derived from a case, and the consequences of the expansion of right. We should pay more attention to the public domain.The second part is a basic introduction to the Copyright law in public domain, which includes a etymological analysis and an definition of basic concepts. It can be seen that the public domain has the characteristic of public property, use of public, and social public interests, and is a set of theoretical system to ensure the coordinated operation of the copyright.The third part is to prove the rationality of the existence of public domain, and to seek a variety of theories and laws to prove that public domain is in its reasonable existence, which contains the basis of copyright law, natural law, economics, other laws (from Constitution and Civil Law point of view). Therefore, with a variety of theories and laws supporting the public domain, it should be included in the copyright law.Part four focuses on the functions of public domain. In details, there are four functions that to protect the re-creation, to realize the public interest, to go against the irrational expansion of intellectual property rights, and to achieve a balance of interests of copyright.Part five discusses mainly the protection of the public domain. There are three ways to protect and preserve public domain. One is entrusted to state management.The second is paid in the public domain system. The third is the agreement of intellectual property-sharing. Furthermore, we think protecting the public domain can be achieved by directly limiting the ways to the copyright.