Page:The digital public domain.pdf/65

38 "1. The term of copyright protection should be reduced. [...] 2. Any change to the scope of copyright protection (including any new definition of protectable subject-matter or expansion of exclusive rights) needs to take into account the effects on the public domain. [...] 3. When material is deemed to fall in the structural public domain in its country of origin, the material should be recognised as part of the structural public domain in all other countries of the world. [...] 4. Any false or misleading attempt to misappropriate public domain material must be legally punished. [...] 5. No other intellectual property right must be used to reconstitute exclusivity over public domain material. [...] 6. There must be a practical and effective path to make available “orphan works” and published works that are no longer commercially available (such as out-of-print works) for re-use by society. [...] 7. Cultural heritage institutions should take upon themselves a special role in the effective labeling and preserving of public domain works. [..] 8. There must be no legal obstacles that prevent the voluntary sharing of works or the dedication of works to the public domain. [...] 9. Personal non-commercial uses of protected works must generally be made possible, for which alternative modes of remuneration for the author must be explored."

In addition, the European-wide relevance of the public domain has been strengthened by other policy statements endorsing the same core principles of The Public Domain Manifesto. The Europeana Foundation has published the Public Domain Charter to stress the value of public domain content in the knowledge economy. The many relations between The Public Domain Manifesto and the Europeana Charter were discussed at the seventh Communia workshop in Luxembourg. The Free Culture Forum released the Charter for Innovation, Creativity and Access to Knowledge to plead for the expansion of the public domain, the accessibility of public domain works, the contraction of the copyright term, and the free availability of publicly funded research. Again, Open Knowledge Foundation launched the