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105-502: Its layout was significantly altered by construction in the 18th and 19th centuries. Before it was a prison, Clairvaux Abbey served as an archetype for Cistercian monasteries; significant portions of the ancient abbey remain standing. According to legend, on June 25, 1115, the Cistercian monk Bernard was sent from Cîteaux Abbey with a group of twelve other monks to found a new monastery at Vallée d'Absinthe. Hughes I, Count of Troyes and

210-485: A Doctor of the Church . Bernard's parents were Tescelin de Fontaine , lord of Fontaine-lès-Dijon , and Alèthe de Montbard , both members of the highest nobility of Burgundy . Bernard was the third of seven children, six of whom were sons. Aged nine, he was sent to a school at Châtillon-sur-Seine run by the secular canons of Saint-Vorles. Bernard had an interest in literature and rhetoric. Bernard's mother died when he

315-574: A schism broke out in the Church by the election of two popes, Pope Innocent II and Antipope Anacletus II . Innocent, having been banished from Rome by Anacletus, took refuge in France. King Louis VI convened a national council of the French bishops at Étampes and Bernard, summoned there by the bishops, was chosen to judge between the rival popes. He decided in favour of Innocent. Bernard travelled on to Italy and reconciled Pisa with Genoa , and Milan with

420-462: A "Public Domain Day" was initially informal; the earliest known mention was in 2004 by Wallace McLean (a Canadian public domain activist), with support for the idea echoed by Lawrence Lessig . As of 1 January 2010, there is as Public Domain Day website lists the authors whose works are entering the public domain. There are activities in countries around the world by various organizations all under

525-514: A copyright has expired depends on an examination of the copyright in its source country. In most countries that are signatories to the Berne Convention , copyright term is based on the life of the author, and extends to 50 or 70 years beyond the death of the author. (See List of copyright terms of countries .) In the United States, determining whether a work has entered the public domain or

630-704: A major shift, a "fundamental reorientation" into medieval theology. The Couvent et Basilique Saint-Bernard , a collection of buildings dating from the 12th, 17th, and 19th centuries, is dedicated to Bernard and stands in his birthplace of Fontaine-lès-Dijon . Countless churches and chapels have St. Bernard as their patron saint. The modern critical edition is Sancti Bernardi opera (1957–1977), edited by Jean Leclercq . Bernard's works include: His sermons are also numerous: Many letters, treatises, and other works were falsely attributed to him. These include: Public domain The public domain ( PD ) consists of all

735-547: A meeting with Abelard intending to persuade him to amend his writings, during which Abelard repented and promised to do so. But once out of Bernard's presence, he reneged. Bernard then denounced Abelard to the pope and cardinals of the Curia . Abelard sought a debate with Bernard, but Bernard initially declined, saying he did not feel matters of such importance should be settled by logical analyses. Bernard's letters to William of St-Thierry also express his apprehension about confronting

840-600: A relative of Bernard, donated this valley to the Cistercians. Bernard was installed as first abbot by William of Champeaux , Bishop of Châlons-sur-Marne . The abbey developed rapidly, eventually reaching its peak in numbers at 700 members belonging to Clairvaux alone, thus the largest Cistercian abbey in France. Many daughter monasteries followed. In 1118 Trois-Fontaines Abbey was founded from Clairvaux on land donated by Hugh de Vitry. Many nobles were buried there. Later, Clairvaux founded Foigny Abbey (1121), and Cherlieu Abbey

945-457: A work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a country-by-country basis, and the absence of registration in a particular country, if required, gives rise to public-domain status for a work in that country. The term public domain may also be interchangeably used with other imprecise or undefined terms such as the public sphere or commons , including concepts such as

1050-475: A work, as well as other forms of transformation or adaptation. Copyrighted works may not be used for derivative works without permission from the copyright owner, while public domain works can be freely used for derivative works without permission. Artworks that are public domain may also be reproduced photographically or artistically or used as the basis of new, interpretive works. Works derived from public domain works can be copyrighted. Once works enter into

1155-606: Is a combination of the copyright symbol , which acts as copyright notice , with the international 'no' symbol . The Europeana databases use it, and for instance on the Wikimedia Commons in February 2016 2.9 million works (~10% of all works) are listed with the mark. The underlying idea that is expressed or manifested in the creation of a work generally cannot be the subject of copyright law (see idea–expression divide ). Mathematical formulae will therefore generally form part of

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1260-505: Is a film that was never under copyright, was released to public domain by its author, or whose copyright has expired. All films in the United States before January 1st, 1929 have been entered in the public domain. Pamela Samuelson has identified eight "values" that can arise from information and works in the public domain. Possible values include: Derivative works include translations , musical arrangements , and dramatizations of

1365-662: Is any precious vase adorning the palace of the King of Kings it is the soul of the venerable Suger." Conrad III and his son Henry died the same year. Bernard died at age sixty-three on 20 August 1153, after forty years of monastic life. He was buried at Clairvaux Abbey. After its destruction in 1792 by the French revolutionary government his remains were transferred to Troyes Cathedral . Bernard's theology and Mariology continue to be of major importance. Bernard helped found 163 monasteries in different parts of Europe. Cistercians honour him as one of

1470-611: Is better known as aspirin in the United States—a generic term. In Canada, however, Aspirin , with an uppercase A, is still a trademark of the German company Bayer , while aspirin, with a lowercase "a", is not. Bayer lost the trademark in the United States, the UK and France after World War I, as part of the Treaty of Versailles . So many copycat products entered the marketplace during the war that it

1575-527: Is considered to be a master of Christian rhetoric: "His use of language remains perhaps his most universal legacy." He contributed lyrics to the Cistercian Hymnal . As a mariologist , Bernard insisted on Mary's central role in Christian theology and preached effectively on Marian devotions. He developed the theology of her role as Co-Redemptrix and mediator. As a master of prayer, the abbot emphasized

1680-473: Is illustrious beyond all doubt." (One of Anacletus' great-great-grandparents, Benedictus, maybe Baruch in Hebrew, was a Jew who had converted to Christianity - but Anacletus himself was not a Jew, and his family had been Christians for three generations). Bernard wrote to Gerard of Angoulême (a letter known as Letter 126), which questioned Gerard's reasons for supporting Anacletus. Bernard later commented that Gerard

1785-487: Is in the public domain due to an unrenewed copyright. Courts in different jurisdictions have come to different conclusions as to whether the reproduction of a public domain work gains its own rights protection, or whether it to is in the public domain. In a German 2016 case, the Reiss-Engelhorn-Museen , an art museum, sued Wikimedia Commons over photographs uploaded to the database depicting pieces of art in

1890-470: Is not possible to waive those rights, but only the rights related to the exploitation of the work. A solution to this issue (as found in the Creative Commons Zero dedication) is to interpret the license by setting "three different layers of action. First, the right holder waives any copyright and related rights that can be waived in accordance with the applicable law. Secondly, if there are rights that

1995-506: Is only registered in reference to food products (a trademark claim is made within a particular field). Such defences have failed in the United Kingdom. Public Domain Day is an observance of when copyrighted works expire and works enter into the public domain. This legal transition of copyright works into the public domain usually happens every year on 1 January based on the individual copyright laws of each country . The observance of

2100-502: Is required to grant permission (" Permission culture "). There are multiple licenses which aim to release works into the public domain. In 2000 the WTFPL was released as a public domain like software license . Creative Commons (created in 2002 by Lawrence Lessig , Hal Abelson , and Eric Eldred ) has introduced several public-domain-like licenses, called Creative Commons licenses . These give authors of works (that would qualify for copyright)

2205-411: Is still under copyright depends upon what the law or regulation was at creation, and whether new regulations have grandfathered in certain older works. Because copyright terms shifted over the course of the 20th century from a fixed-term based on first publication, with a possible renewal term , to a term extending to 50, then 70, years after the death of the author. The claim that "pre-1929 works are in

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2310-675: Is the Zero Clause BSD license , released in 2006 and aimed at software. In October 2014, the Open Knowledge Foundation recommends the Creative Commons CC0 license to dedicate content to the public domain, and the Open Data Commons Public Domain Dedication and License (PDDL) for data. In most countries, the term of rights for patents is 20 years, after which the invention becomes part of

2415-422: The public sphere or commons , including concepts such as the "commons of the mind", the "intellectual commons", and the "information commons". A public-domain book is a book with no copyright, a book that was created without a license, or a book where its copyrights expired or have been forfeited. In most countries the term of protection of copyright expires on the first day of January, 70 years after

2520-519: The German Copyright Act , stating that since the photographer needed to make practical decisions about the photograph that it was protected material. In contrast, in the 1999 US case Bridgeman Art Library v. Corel Corp. , the court ruled that exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack originality . In some countries, certain works may never fully lapse into

2625-542: The Music of Mesopotamia system, was created 4,000 years ago. Guido of Arezzo introduced Latin musical notation in the 10th century. This laid the foundation for the preservation of global music in the public domain, a distinction formalized alongside copyright systems in the 17th century. Musicians copyrighted their publications of musical notation as literary writings, but performing copyrighted pieces and creating derivative works were not restricted by early copyright laws. Copying

2730-565: The Order of Cistercians . After his mother died, Bernard decided to go to Cîteaux. In 1113 he and thirty other young noblemen of Burgundy, many of whom were his relatives, sought and gained admission to the new monastery. Bernard's example was so convincing that scores (among them his own father) followed him into the monastic life. As a result, he is considered the patron of religious vocations. The little community of reformed Benedictines at Cîteaux grew rapidly. Three years after entering, Bernard

2835-585: The Petrobrusians , followers of Peter of Bruys and spread them in a modified form after Peter's death. Henry of Lausanne's followers became known as Henricians . In June 1145, at the invitation of Cardinal Alberic of Ostia , Bernard travelled in southern France. His preaching, aided by his ascetic looks and simple attire, helped doom the new sects. Both the Henrician and the Petrobrusian faiths began to die out by

2940-501: The creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived , or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare , Ludwig van Beethoven , Miguel de Cervantes , Zoroaster , Lao Zi , Confucius , Aristotle , L. Frank Baum , Leonardo da Vinci and Georges Méliès are in

3045-502: The "commons of the mind", the "intellectual commons", and the "information commons". Although the term domain did not come into use until the mid-18th century, the concept can be traced back to the ancient Roman law , "as a preset system included in the property right system". The Romans had a large proprietary rights system where they defined "many things that cannot be privately owned" as res nullius , res communes , res publicae and res universitatis . The term res nullius

3150-427: The "personality" of the person drawing them, are not subject to copyright protection. This is separate from the patent rights just mentioned. A trademark registration may remain in force indefinitely, or expire without specific regard to its age. For a trademark registration to remain valid, the owner must continue to use it. In some circumstances, such as disuse, failure to assert trademark rights, or common usage by

3255-554: The Second Crusade. He was for battling them "until such a time as, by God's help, they shall either be converted or deleted". A decree issued in Frankfurt stated that the letter should be proclaimed widely and read aloud, so that "the letter functioned as a sermon." The death of his contemporaries served as a warning to Bernard of his own approaching end. The first to die was Suger in 1152, of whom Bernard wrote to Eugene III, "If there

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3360-575: The UK). In countries where they cannot be waived they will remain into full effect in accordance to the applicable law (think of France, Spain or Italy where moral rights cannot be waived)." The same occurs in Switzerland. The Unlicense , published around 2010, has a focus on an anti-copyright message. The Unlicense offers a public domain waiver text with a fallback public domain-like license inspired by permissive licenses but without attribution. Another option

3465-479: The US, foreign-sourced works and US-sourced works are now treated differently, with foreign-sourced works remaining under copyright regardless of compliance with formalities, while domestically sourced works may be in the public domain if they failed to comply with then-existing formalities requirements—a situation described as odd by some scholars, and unfair by some US-based rightsholders. Works of various governments around

3570-551: The US, works could be easily given into the public domain by just releasing it without an explicit copyright notice . With the Berne Convention Implementation Act of 1988 (and the earlier Copyright Act of 1976 , which went into effect in 1978), all works were by default copyright protected and needed to be actively given into public domain by a waiver statement/ anti-copyright can call notice . Not all legal systems have processes for reliably donating works to

3675-468: The abbey inspired Victor Hugo to write his short story " Claude Gueux ", based on a real prisoner at Clairvaux, in 1834. Following a reform in 1875 that required individual cells for prisoners, "chicken cages", cells measuring 1.5 x 2-meter (5 x 6.5 ft), were installed, they remained in use until 1971. The abbey was in 1926 as a historical monument by the French Ministry of Culture , but only one of

3780-464: The ability to decide which protections they would like to place on their material. As copyright is the default license for new material, Creative Commons licenses offer authors a variety of options to designate their work under whichever license they wish, as long as this does not violate standing copyright law. For example, a CC BY license allows for re-users to distribute, remix, adapt, and build upon material, while also agreeing to provide attribution to

3885-592: The author in any of these cases. In 2009 the Creative Commons released the CC0 , which was created for compatibility with law domains which have no concept of dedicating into public domain . This is achieved by a public domain waiver statement and a fallback all-permissive license, in case the waiver is not possible. Unlike in the US, where author's moral rights are generally not specifically regulated, in some countries where moral rights are protected separately in law it

3990-702: The buildings, the one for the lay brothers , is medieval in origin yet erected after Bernard had died. Starting in the 2000s, the prison was gradually dismantled. Comprehensive restorations began in 2013, and the prison was finally shut down in 2023. Renovation has been underway since. [REDACTED]  This article incorporates text from a publication now in the public domain :  Herbermann, Charles, ed. (1913). " Abbey of Clairvaux ". Catholic Encyclopedia . New York: Robert Appleton Company. Bernard of Clairvaux Bernard of Clairvaux , O.Cist. ( Latin : Bernardus Claraevallensis ; 1090 – 20 August 1153), venerated as Saint Bernard ,

4095-517: The close of the 11th century, a spirit of independence flourished within schools of philosophy and theology . The movement found an ardent and powerful advocate in Peter Abelard . Abelard's treatise on the Trinity had been condemned as heretical in 1121, and he was compelled to throw his own book into a fire. However, Abelard continued to develop his controversial teachings. Bernard is said to have held

4200-591: The cloth used to make crosses for the new recruits. Unlike the First Crusade, the new venture attracted royalty, such as the French queen Eleanor of Aquitaine and scores of high aristocrats and bishops. But an even greater show of support came from the common people. Bernard wrote Pope Eugene a few days afterwards, "Cities and castles are now empty. There is not left one man to seven women, and everywhere there are widows to still-living husbands." Bernard then passed into Germany, with reported miracles contributing to

4305-498: The command of Innocent II, took possession of Tre Fontane Abbey , from which Eugene III was chosen in 1145. Pope Innocent II died in the year 1143. His two successors, Pope Celestine II and Pope Lucius II , reigned only a short time, and then Bernard saw one of his disciples, Bernard of Pisa, known thereafter as Eugene III, raised to the Chair of Saint Peter . Bernard sent him, at the pope's own request, various instructions which comprise

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4410-664: The construction of the idea of "public domain" sprouted from the concepts of res communes , res publicae , and res universitatis in early Roman law. When the first early copyright law was originally established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by British and French jurists in the 18th century. Instead of "public domain", they used terms such as publici juris or propriété publique to describe works that were not covered by copyright law. The phrase "fall in

4515-405: The date and location of publishing, unless explicitly released beforehand. The Musopen project records music in the public domain for the purposes of making the music available to the general public in a high-quality audio format. Online musical archives preserve collections of classical music recorded by Musopen and offer them for download/distribution as a public service. A public-domain film

4620-554: The death of Pope Honorius II in 1130, a schism arose in the church. Bernard was a major proponent of Pope Innocent II , arguing effectively for his legitimacy over the Antipope Anacletus II . The eloquent abbot advocated crusades in general and convinced many to participate in the unsuccessful Second Crusade , notably through a famous sermon at Vézelay (1146) . Bernard was canonized just 21 years after his death by Pope Alexander III . In 1830 Pope Pius VIII declared him

4725-466: The death of the latest living author. The longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928. A notable exception is the United States, where every book and tale published before 1929 is in the public domain; US copyrights last for 95 years for books originally published between 1929 and 1978 if the copyright was properly registered and maintained. For example:

4830-623: The debate, swaying many of them to his view. The next day, after Bernard made his opening statement, Abelard decided to retire without attempting to answer. The council found in favour of Bernard and their judgment was confirmed by the pope. Abelard submitted without resistance, and he retired to Cluny to live under the protection of Peter the Venerable , where he died two years later. Bernard had occupied himself in sending bands of monks from his overcrowded monastery into Germany, Sweden, England, Ireland, Portugal, Switzerland, and Italy. Some of these, at

4935-404: The early modern period, Clairvaux was the origen of the movement toward stricter observance , particularly under Abbot Denis Largentier. Starting in 1708, comprehensive reconstruction of the abbey's buildings in the classical style began, dubbed Clairvaux III by historians. The works were wide-ranging, and records indicate that construction was not complete upon the arrival of the revolution. At

5040-548: The end of that year. Soon afterwards, Henry of Lausanne was arrested, brought before the bishop of Toulouse , and probably imprisoned for life. In a letter to the people of Toulouse, undoubtedly written at the end of 1146, Bernard calls upon them to extirpate the last remnants of the heresy. He also preached against Catharism . As abbot, Bernard often addressed his community, but he also spoke to other monastics and, in one particularly famous case, to students of Theology in Paris. He gave

5145-528: The episcopacy. The manuscripts copied and written at Clairvaux were of great importance. Research about the monks' literary and theological studies have led to a research project that seeks to reconstruct the abbey's medieval library. In the 13th century, Clairvaux Abbot Stephen Lexington founded the Cistercian college at the University of Paris and it remained under the abbey's responsibility for generations. In

5250-594: The failure of the Second Crusade he had preached, and the entire responsibility which was thrown upon him. Bernard sent an apology to the Pope and it is inserted in the second part of his "Book of Considerations". There he explains how the sins of the crusaders were the cause of their misfortune and failures. Bernard did not actually preach the Wendish Crusade , but he did write a letter that advocated subduing this group of Western Slavs so that they should not be an obstacle to

5355-501: The former of which refers to melody, notation or lyrics created by a composer or lyricist, including sheet music, and the latter referring to a recording performed by an artist, including a CD, LP, or digital sound file. Musical compositions fall under the same general rules as other works, and anything published before 1925 is considered public domain. Sound recordings, on the other hand, are subject to different rules and are not eligible for public domain status until 2021–2067, depending on

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5460-590: The greatest early Cistercians. His feast day is 20 August. Bernard is Dante Alighieri 's last guide, in Divine Comedy , as he travels through the Empyrean . John Calvin and Martin Luther quoted Bernard several times in support of the doctrine of Sola Fide . Calvin also quotes him in setting forth his doctrine of forensic alien righteousness, or as it is commonly called imputed righteousness . Bernard introduced

5565-534: The hands of the Seljuk Turks . The Kingdom of Jerusalem and the other Crusader states were threatened with similar disaster. Deputations of the bishops of Armenia solicited aid from the pope, and the King of France also sent ambassadors. In 1144 Eugene III commissioned Bernard to preach the Second Crusade and granted the same indulgences for it which Pope Urban II had accorded to the First Crusade . There

5670-419: The launching point for transformative retellings such as Tom Stoppard 's Rosencrantz and Guildenstern Are Dead and Troma Entertainment 's Tromeo and Juliet . Marcel Duchamp's L.H.O.O.Q. is a derivative of Leonardo da Vinci's Mona Lisa , one of thousands of derivative works based on the public domain painting. The 2018 film A Star is Born is a remake of the 1937 film of the same name , which

5775-475: The museum. The museum claimed that the photos were taken by their staff, and that photography within the museum by visitors was prohibited. Therefore, photos taken by the museum, even of material that itself had fallen into the public domain, were protected by copyright law and would need to be removed from the Wikimedia image repository. The court ruled that the photographs taken by the museum would be protected under

5880-423: The nobility. Although the councils of Étampes, Würzburg , Clermont , and Rheims all supported Innocent, large portions of the Christian world still supported Anacletus. In a letter by Bernard to German Emperor Lothair regarding Antipope Anacletus, Bernard wrote, "It is a disgrace for Christ that a Jew sits on the throne of St. Peter's" and "Anacletus has not even a good reputation with his friends, while Innocent

5985-399: The occasion of the longest and most emotional of Bernard's letters. When his brother Gerard died, Bernard was devastated, and his deep mourning was the inspiration for one of his most moving sermons. The Cluny Benedictines were unhappy to see Cîteaux gain such prominence so quickly, particularly since many Benedictines were becoming Cistercians. They criticized the Cistercian way of life. At

6090-617: The ocean of the public domain." Copyright law differs by country, and the American legal scholar Pamela Samuelson has described the public domain as being "different sizes at different times in different countries". Definitions of the boundaries of the public domain in relation to copyright, or intellectual property more generally, regard the public domain as a negative space; that is, it consists of works that are no longer in copyright term or were never protected by copyright law. According to James Boyle this definition underlines common usage of

6195-399: The often-quoted De consideratione . Its main argument is that church reform ought to start with the pope. Temporal matters are merely accessories; Bernard insists that piety and meditation were to precede action. Having previously helped end the schism within the Church, Bernard was now called upon to combat heresy. Henry of Lausanne , a former Cluniac monk, had adopted the teachings of

6300-759: The pope abolished the dues which Clairvaux used to pay to that abbey. This action gave rise to a quarrel between the White Monks and the Black Monks which lasted 20 years. In May of that year, the pope, supported by the army of Lothair III, entered Rome, but Lothair III, feeling himself too weak to resist the partisans of Anacletus, retired beyond the Alps, and Innocent sought refuge in Pisa in September 1133. Bernard had returned to France in June and

6405-537: The pope. The same year Bernard was again at the Council of Reims at the side of Innocent II. He then went to Aquitaine where he succeeded for the time in detaching William X, Duke of Aquitaine , from the cause of Anacletus. Germany had decided to support Innocent through Norbert of Xanten , who was a friend of Bernard's. Pope Innocent, however, insisted on Bernard's company when he met with Lothair II, Holy Roman Emperor . Lothair II became Innocent's strongest ally among

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6510-401: The preeminent logician. Abelard continued to press for a public debate, and made his challenge widely known, making it hard for Bernard to decline. In 1141, at the urgings of Abelard, the archbishop of Sens called a council of bishops, where Abelard and Bernard were to put their respective cases so Abelard would have a chance to clear his name. Bernard lobbied the prelates on the evening before

6615-509: The public domain (see waiver ); examples include reference implementations of cryptographic algorithms, and the image-processing software ImageJ (created by the National Institutes of Health ). The term public domain is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission". As rights vary by country and jurisdiction,

6720-419: The public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the formulae of Newtonian physics and cooking recipes. Other works are actively dedicated by their authors to

6825-740: The public domain should be: "it should be a place of sanctuary for individual creative expression, a sanctuary conferring affirmative protection against the forces of private appropriation that threatened such expression". Patterson and Lindberg described the public domain not as a "territory", but rather as a concept: "[T]here are certain materials – the air we breathe, sunlight, rain, space, life, creations, thoughts, feelings, ideas, words, numbers – not subject to private ownership. The materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival." The term public domain may also be interchangeably used with other imprecise or undefined terms such as

6930-602: The public domain" can be traced to mid-19th-century France to describe the end of copyright term . The French poet Alfred de Vigny equated the expiration of copyright with a work falling "into the sink hole of public domain" and if the public domain receives any attention from intellectual property lawyers it is still treated as little more than that which is left when intellectual property rights, such as copyright , patents , and trademarks , expire or are abandoned. In this historical context Paul Torremans describes copyright as a, "little coral reef of private right jutting up from

7035-536: The public domain" is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years. Legal traditions differ on whether a work in the public domain can have its copyright restored. In the European Union, the Copyright Duration Directive was applied retroactively, restoring and extending the terms of copyright on material previously in

7140-435: The public domain, derivative works such as adaptations in book and film may increase noticeably, as happened with Frances Hodgson Burnett 's novel The Secret Garden , which became public domain in the US in 1977 and most of the rest of the world in 1995. By 1999, the plays of Shakespeare, all public domain, had been used in more than 420 feature-length films. In addition to straightforward adaptation, they have been used as

7245-416: The public domain, e.g. civil law of continental Europe . This may even "effectively prohibit any attempt by copyright owners to surrender rights automatically conferred by law, particularly moral rights ". An alternative is for copyright holders to issue a license which irrevocably grants as many rights as possible to the general public. Real public domain makes licenses unnecessary, as no owner/author

7350-464: The public domain, to the extent that their expression in the form of software is not covered by copyright. Works created before the existence of copyright and patent laws also form part of the public domain. For example, the Bible and the inventions of Archimedes are in the public domain. However, translations or new formulations of these works may be copyrighted in themselves. Determination of whether

7455-874: The public domain. In the United Kingdom , for example, there is a perpetual crown copyright for the Authorized King James Version of the Bible . While the copyright has expired for the Peter Pan works by J. M. Barrie (the play Peter Pan, or the Boy Who Wouldn't Grow Up and the novel Peter and Wendy ) in the United Kingdom, it was granted a special exception under the Copyright, Designs and Patents Act 1988 (Schedule 6) that requires royalties to be paid for commercial performances, publications and broadcasts of

7560-405: The public domain. In the United States, the contents of patents are considered valid and enforceable for 20 years from the date of filing within the United States or 20 years from the earliest date of filing if under 35 USC 120, 121, or 365(c). However, the text and any illustration within a patent, provided the illustrations are essentially line drawings and do not in any substantive way reflect

7665-529: The public domain. Term extensions by the US and Australia generally have not removed works from the public domain, but rather delayed the addition of works to it. However, the United States moved away from that tradition with the Uruguay Round Agreements Act , which removed from the public domain many foreign-sourced works that had previously not been in copyright in the US for failure to comply with US-based formalities requirements . Consequently, in

7770-400: The public without regard for its intended use, it could become generic , and therefore part of the public domain. Because trademarks are registered with governments, some countries or trademark registries may recognize a mark, while others may have determined that it is generic and not allowable as a trademark in that registry. For example, the drug acetylsalicylic acid (2-acetoxybenzoic acid)

7875-533: The rescue of the Holy Land. The archbishop of Cologne and the archbishop of Mainz were vehemently opposed to these attacks and asked Bernard to denounce them. This he did, but when the campaign continued, Bernard travelled from Flanders to Germany to deal with the problems in person. He then found Radulf in Mainz and was able to silence him, returning him to his monastery. The last years of Bernard's life were saddened by

7980-518: The right holder cannot waive under applicable law, they are licensed in a way that mirrors as closely as possible the legal effect of a waiver. And finally, if there are any rights that the right holders cannot waive or license, they affirm that they will not exercise them and they will not assert any claim with respect to the use of the work, once again within the limits of applicable law. (...) In countries where moral rights exist but where they can be waived or not asserted, they are waived if asserted (e.g.

8085-401: The same time the most active man of his age," Bernard described the disparate parts of his personality when he called himself the " chimera of his age." In addition to successes, Bernard also had his trials. Once, when he was absent from Clairvaux, the prior of the rival Abbey of Cluny went to Clairvaux and convinced Bernard's cousin, Robert of Châtillon , to become a Benedictine. This was

8190-541: The schism ended. In 1139, Bernard assisted at the Second Council of the Lateran , in which the surviving adherents of the schism were definitively condemned. About the same time, Bernard was visited at Clairvaux by Malachy , Primate of All Ireland , and a very close friendship formed between them. Malachy wanted to become a Cistercian, but the pope would not give his permission. Malachy died at Clairvaux in 1148. Towards

8295-562: The sermon Ad clericos de conversione (to clerics on conversion) in 1139 or early 1140, to a group of scholars and student clerics. His many sermons on the Song of Songs belong to the often-studied sermons he addressed to the monks at Clairvaux. News came at this time from the Holy Land that alarmed Christendom . Christians had been defeated at the Siege of Edessa and most of the county had fallen into

8400-403: The solicitation of William of St.-Thierry , Bernard defended the Cistercians with his Apology . Peter the Venerable , abbot of Cluny, answered Bernard and assured him of his admiration and friendship. In the meantime, Cluny launched a reform and Bernard befriended Abbot Suger . Although acknowledged as "a difficult saint," Bernard has remained influential in the centuries since his death and

8505-491: The state or to an authors' association. The user does not have to seek permission to copy, present or perform the work, but does have to pay the fee. Typically the royalties are directed to support of living artists. In 2010, The Creative Commons proposed the Public Domain Mark (PDM) as symbol to indicate that a work is free of known copyright restrictions and therefore in the public domain. The public domain mark

8610-401: The story of Peter Pan within the UK, as long as Great Ormond Street Hospital (to whom Barrie gave the copyright) continues to exist. In a paying public domain regime, works that have entered the public domain after their copyright has expired, or traditional knowledge and traditional cultural expressions that have never been subject to copyright, are still subject to royalties payable to

8715-532: The success of his mission. King Conrad III of Germany and his nephew Frederick Barbarossa , received the cross from the hand of Bernard. Pope Eugenius came in person to France to encourage the enterprise. As in the First Crusade, the preaching led to attacks on Jews ; a fanatical French monk named Radulf was apparently inspiring massacres of Jews in the Rhineland, Cologne , Mainz , Worms , and Speyer , with Radulf claiming Jews were not contributing financially to

8820-461: The term public domain and equates the public domain to public property and works in copyright to private property . However, the usage of the term public domain can be more granular, including for example uses of works in copyright permitted by copyright exceptions . Such a definition regards work in copyright as private property subject to fair use rights and limitation on ownership. A conceptual definition comes from Lange, who focused on what

8925-461: The time of the French Revolution in 1789, Clairvaux had only 26 professed religious, counting the abbot, Louis-Marie Rocourt, ten lay brothers, and ten affiliated pensioners of the house; 19 of the religious and all the lay brothers were secularized. Having become state property according to the decree of November 2, 1789, the abbey was purchased in 1792 and converted into a glassworks, which

9030-467: The title of "Doctor of the Church". He wrote at this time his sermons on the Song of Songs . In 1137, he was again forced to leave the abbey by order of the pope to put an end to the quarrel between Lothair and Roger of Sicily. At the conference held at Palermo, Bernard succeeded in convincing Roger of the rights of Innocent II. He also silenced the final supporters who sustained the schism. Anacletus died of "grief and disappointment" in 1138, and with him,

9135-475: The value of personal, experiential friendship with Christ. Bernhard made a self-confident impression and had an undeniable charisma in the eyes of his contemporaries; "his first and greatest miracle," wrote the historian Holdsworth, "was himself." He defended the rights of the church against the encroachments of kings and princes, and recalled to their duty Henri Sanglier , archbishop of Sens and Stephen of Senlis , bishop of Paris. When Honorius II died in 1130,

9240-459: The works of Jane Austen , Lewis Carroll , Machado de Assis , Olavo Bilac and Edgar Allan Poe are in the public domain worldwide as they all died over 100 years ago. Project Gutenberg , the Internet Archive and Wikisource make tens of thousands of public domain books available online as ebooks . People have been creating music for millennia. The first musical notation system,

9345-411: The world may be excluded from copyright law and may therefore be considered to be in the public domain in their respective countries. They may also be in the public domain in other countries as well. The legal scholar Melville Nimmer has written that "it is axiomatic that material in the public domain is not protected by copyright, even when incorporated into a copyrighted work". Before 1 March 1989, in

9450-449: Was a youth. During his education with priests, he often thought of becoming one. In 1098, a group led by Robert of Molesme had founded Cîteaux Abbey , near Dijon , with the purpose of living according to a literal interpretation of the Rule of St. Benedict . They established new administrative structures among their monasteries, effectively creating a new order, known, after the first abbey, as

9555-595: Was an abbot , mystic , co-founder of the Knights Templar , and a major leader in the reform of the Benedictines through the nascent Cistercian Order . He was sent to found Clairvaux Abbey only a few years after becoming a monk at Cîteaux . In the year 1128, Bernard attended the Council of Troyes , at which he traced the outlines of the Rule of the Knights Templar , which soon became an ideal of Christian nobility. On

9660-441: Was at first virtually no popular enthusiasm for the crusade as there had been in 1095. Bernard found it expedient to dwell upon taking the cross as a potent means of gaining absolution for sin and attaining grace. On 31 March, with King Louis VII of France present, he preached to an enormous crowd in a field at Vézelay , making "the speech of his life". When he had finished, many of his listeners enlisted; they supposedly ran out of

9765-594: Was continuing the work of peacemaking which he had commenced in 1130. Towards the end of 1134, he made a second journey into Aquitaine, where William X had relapsed into schism. Bernard invited William to the Mass which he celebrated in the Church of La Couldre. At the Eucharist , he "admonished the Duke not to despise God as he did His servants". William yielded and the schism ended. Bernard went again to Italy, where Roger II of Sicily

9870-474: Was dedicated in 1174. However, the only building surviving from this time is a large 12th-century lay brother's building, eventually converted into a barn. By the end of the 12th century, it had founded more than 250 daughter monasteries. As the mother of so many, Clairvaux occuped a central place in the Cistercian world. Clairvaux continued to attract promising monks; one of them became a pope ( Eugene III ), twelve became cardinals, and over thirty were elevated to

9975-457: Was deemed generic just three years later. Informal uses of trademarks are not covered by trademark protection. For example, Hormel , producer of the canned meat product Spam , does not object to informal use of the word "spam" in reference to unsolicited commercial email. However, it has fought attempts by other companies to register names including the word 'spam' as a trademark in relation to computer products, despite that Hormel's trademark

10080-404: Was defined as things not yet appropriated. The term res communes was defined as "things that could be commonly enjoyed by mankind, such as air, sunlight and ocean." The term res publicae referred to things that were shared by all citizens, and the term res universitatis meant things that were owned by the municipalities of Rome. When looking at it from a historical perspective, one could say

10185-457: Was endeavouring to withdraw the Pisans from their allegiance to Innocent. He recalled the city of Milan to obedience to the pope as they had followed the deposed Anselm V, Archbishop of Milan . For this, he was offered, and he refused, the see of Milan . He then returned to Clairvaux. Believing himself at last secure in his cloister, Bernard devoted himself to the composition of the works which won him

10290-411: Was founded in 1131. During Bernard's lifetime over sixty monasteries were founded from Clairvaux all over Europe and reaching into Scandinavia. Many ("over a third of them") were pre-existing communities of monks, canons, or hermits who had decided to join the Cistercian movement. Construction of the abbey in its roughly current form (named Clairvaux II by historians) began in 1135, and the abbey church

10395-499: Was founded in the diocese of Châlons ; in 1119 Fontenay Abbey in the Diocese of Autun ; and in 1121 Foigny Abbey near Vervins . In Bernard's lifetime, more than sixty abbeys followed, though some were not new foundations but transferals to the Cistercians. Bernard spent extended time outside of the abbey as a preacher and a diplomat in the service of the pope. Described by Jean-Baptiste Chautard as "the most contemplative and yet at

10500-517: Was his most formidable opponent during the whole schism. After persuading Gerard, Bernard travelled to visit William X, Duke of Aquitaine . He was the hardest for Bernard to convince. He did not pledge allegiance to Innocent until 1135. After that, Bernard spent most of his time in Italy persuading the Italians to pledge allegiance to Innocent. In 1132, Bernard accompanied Innocent II into Italy, and at Cluny,

10605-474: Was named a Doctor of the Church in 1830. In 1953, on the 800th anniversary of his death, Pope Pius XII devoted the encyclical Doctor Mellifluus to him. He labeled the abbot "the last of the Fathers ." In opposition to the rational approach to understanding God used by the scholastics , Bernard preached in a poetic manner, using appeals to affect and conversion to nurture a more immediate faith experience. He

10710-403: Was professor of theology at Notre Dame of Paris and the founder of St. Victor Abbey in Paris . The beginnings of Clairvaux Abbey were austere and Bernard even more so. He had often been ill since his noviciate, due to extreme fasting. Nonetheless, candidates for the monastic life flocked to him in great numbers. Clairvaux soon started founding new communities. In 1118 Trois-Fontaines Abbey

10815-485: Was repossessed by the state upon its bankruptcy in 1808 and turned into a prison. This fate was not uncommon for former monasteries following the penal reforms of Napoleon, it also befell others like Fontevraud and Mont-Saint-Michel . Because the abbey church was sold off as a quarry in 1812, a small new chapel was built inside the former refectory in 1828. During the 19th century, the abbey held 2,700 prisoners, including 500 women and 550 children. Deplorable conditions at

10920-401: Was sent with a group of twelve monks to found a new house at Vallée d'Absinthe, in the Diocese of Langres . This Bernard named Claire Vallée , or Clairvaux , on 25 June 1115, and the names of Bernard and Clairvaux soon became inseparable. Bernard was made abbot by William of Champeaux , Bishop of Châlons-sur-Marne . From then on a strong friendship grew between the abbot and the bishop, who

11025-428: Was widespread, in compliance with the law, but expansions of those laws intended to benefit literary works and responding to commercial music recording technology's reproducibility have led to stricter rules. Relatively recently, a normative view that copying in music is not desirable and lazy has become popular among professional musicians. US copyright laws distinguish between musical compositions and sound recordings,

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