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xx It plays a capital role in the fields of education, science, cultural heritage and public sector information. A healthy and thriving public domain is one of the prerequisites for ensuring that the principles of Article 27 (1) of the Universal Declaration of Human Rights (“Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits”) can be enjoyed by everyone around the world.

The digital networked information society has brought the issue of the public domain to the foreground of copyright discussions. In order to preserve and strengthen the public domain we need a robust and up-to-date understanding of the nature and role of this essential resource. This Public Domain Manifesto defines the public domain and outlines the necessary principles and guidelines for a healthy public domain at the beginning of the twenty-first century. The public domain is considered here in its relation to copyright law, to the exclusion of other intellectual property rights (like patents and trademarks), and where copyright law is to be understood in its broadest sense to include economic and moral rights under copyright and related rights (inclusive of neighboring rights and database rights). In the remainder of this document copyright is therefore used as a catch-all term for these rights. Moreover, the term “works” includes all subject-matter protected by copyright so defined, thus including databases, performances and recordings. Likewise, the term “authors” includes photographers, producers, broadcasters, painters and performers.

The public domain in the twenty-first century

The public domain as aspired to in this Manifesto is defined as cultural material that can be used without restriction, absent copyright protection. In addition to works that are formally in the public domain, there are also lots of valuable works that individuals have voluntarily shared under generous terms creating a privately constructed commons that functions in many ways like the public domain. Moreover, individuals can also make use of many protected works through exceptions and limitations to copyright, fair use and fair dealing. All of these sources that allow for increased access to our culture and heritage are important and all need to be actively maintained in order for society to reap the full benefit of our shared knowledge and culture.

The public domain

The structural public domain lies at the core of the notion of the public domain and is comprised of our shared knowledge, culture and resources