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Rh "deprived for an overly long period of time of the benefits of freely using those works."

"3. What is in the public domain must remain in the public domain. Exclusive control over public domain works must not be reestablished by claiming exclusive rights in technical reproductions of the works, or using technical protection measures to limit access to technical reproductions of such works."

4. The lawful user of a digital copy of a public domain work should be free to (re-)use, copy and modify such work. The public domain status of a work does not necessarily mean that it must be made accessible to the public. The owners of physical works that are in the public domain are free to restrict access to such works. However once access to a work has been granted then there ought not be legal restrictions on the re-use, modification or reproduction of these works.

"5. Contracts or technical protection measures that restrict access to and re-use of public domain works must not be enforced. The public domain status of a work guarantees the right to re-use, modify and reproduce. This also includes user prerogatives arising from exceptions and limitations, fair use and fair dealing, ensuring that these cannot be limited by contractual or technological means."

In addition, the following principles are at the core of the voluntary commons and user prerogatives described above:

"1. The voluntary relinquishment of copyright and sharing of protected works are legitimate exercises of copyright exclusivity. Many authors entitled to copyright protection for their works do not wish to exercise these rights to their full extent or wish to relinquish these rights altogether. Such actions, provided that they are voluntary, are a legitimate exercise of copyright exclusivity and must not be hindered by law, by statute or by other mechanisms including moral rights."

"2. Exceptions and limitations to copyright, fair use and fair dealing need to be actively maintained to ensure the effectiveness of the fundamental balance of copyright and the public interest. These mechanisms create user prerogatives that constitute the breathing space within the current copyright system. Given the rapid pace of change in both technology and society it is important that they remain capable of ensuring the functioning of essential social institutions and the social participation of individuals with special needs. Therefore, exceptions and limitations to copyright, fair use and fair dealing should be construed as evolutionary in nature and constantly adapted to account for the public interest."

In addition to these general principles, a number of issues relevant to the public domain must be addressed immediately. The following recommendations