A Study On The System Of Public Domain In Copyright Law

Public domain is one of the important theories in copyright law.The limited term of copyright,the fair use system and the compulsory license system are all based on the public domain theory.Despite the existence of all these legal systems,there are still some realistic questions concerning about the public domain that need to be answer,such as how define creative commons in law,whether orphan works should be considered as a part of the public domain,the legality of using a contract or technical measures to restrict other from using a work in public domain,etc.To answer preceding questions,we need to figure out how works and related rights enter the public domain,what is the boundaries of the public domain,who is the owner of the public domain and the legal nature of works in public domain.In relevant legislations,however,there is no system of public domain system to clarify all the issues.In addition,the law does not pay enough attention to the protection of works in the public domain.The public domain system can meet the reasonable demand of the public for acquiring and utilizing knowledge products,which is conducive to promoting the dissemination and utilization of works in the public domain,thus promoting the development of social culture.In China,there is no clear definition and relevant regulations of public domain in copyright law,which is not conducive for the public domain system to play a role.Therefore,the author chose to analyze the public domain system,aiming at rebuilding a more perfect public domain system on the basis of the existing system in China.On the basis of the achievement of scholars in this field and the research of the foreign legislative cases,the author put forward some immature suggestions in order to raise more discussions on public works in the field of the discussion of the use and protection rules.The first part of this paper defines the concept of the public domain in the copyright law,and summarizes the characteristics and ways of the work in the public domain.The second part introduces the present situation of our system of public domain,try to analyze the problems;the third part analyzes the value and function of the public domain system of copyright law from different angles,and to study the public areas of the legal basis and the relevant foreign legislative experience,so as to prove the possibility to improve the public areas of the system;the fourth part of China's the situation,put forward the idea of how to improve our system of public domain works on the right.