118-651: Sir Joseph Nias KCB (2 April 1793 – 17 December 1879) was a British Royal Navy admiral. Nias was third son of Joseph Nias, ship insurance broker. He was born in London on 2 April 1793. He entered the navy in 1807, on board the sloop HMS Nautilus , under the command of Captain Matthew Smith, with whom he continued in HM frigates Comus and Nymphen , on the Lisbon, Mediterranean, North Sea, and Channel stations till August 1815. During
236-462: 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
354-514: 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
472-635: A noted ruffian named Georgios, who was sent to Malta and duly hanged. The Alacrity was paid off in 1830. Nias was advanced to post rank on 8 July 1835, and in May 1838 commissioned HMS Herald , frigate, for the East Indies, a station which at that time included Australia, China, and the Western Pacific. In February 1840, when Captain William Hobson of the navy was ordered to take possession of New Zealand in
590-483: A recent holder of the office of Garter King of Arms, wrote of Anstis's motivations: It was Martin Leake's opinion that the trouble and opposition Anstis met with in establishing himself as Garter so embittered him against the heralds that when at last in 1718 he succeeded, he made it his prime object to aggrandise himself and his office at their expense. It is clear at least that he set out to make himself indispensable to
708-509: A red ring bearing the motto of the Order in gold letters. The circle is flanked by two laurel branches , and is above a scroll bearing the words Ich dien (older German for 'I serve') in gold letters. Stylised versions of this are known as Bath stars , and are used as epaulette pips to indicate British Army officer ranks and for police ranks . The star for civil Knights and Dames Grand Cross consists of an eight-pointed silver star, without
826-451: A scroll bearing the words Ich dien in gold letters. The civil badge is a plain gold oval, bearing three crowns on the obverse side, and a rose, a thistle and a shamrock , emanating from a sceptre on the reverse side; both emblems are surrounded by a ring bearing the motto of the Order. On certain ' collar days ' designated by the Sovereign, members attending formal events may wear
944-551: A symbol of purification ) was an element. While not all knights went through such an elaborate ceremony, knights so created were known as "knights of the Bath". George I constituted the Knights of the Bath as a regular military order . He did not revive the order, which did not previously exist, in the sense of a body of knights governed by a set of statutes and whose numbers were replenished when vacancies occurred. The Order consists of
1062-457: 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
1180-475: 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
1298-606: 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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#17328526981061416-505: 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
1534-455: Is a gold Maltese Cross of eight points, enamelled in white. Each point of the cross is decorated by a small gold ball; each angle has a small figure of a lion. The centre of the cross bears three crowns on the obverse side, and a rose, a thistle and a shamrock , emanating from a sceptre on the reverse side. Both emblems are surrounded by a red circular ring bearing the motto of the Order, which are in turn flanked by two laurel branches, above
1652-611: 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
1770-487: 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
1888-461: Is in turn larger than the Companion's badge; however, these are all suspended on a crimson ribbon. Knights and Dames Grand Cross wear the badge on a riband or sash, passing from the right shoulder to the left hip. Knights Commander and male Companions wear the badge from a ribbon worn around the neck. Dames Commander and female Companions wear the badge from a bow on the left side: The military badge
2006-437: Is made of black velvet ; it includes an upright plume of feathers . The collar , worn only by Knights and Dames Grand Cross, is made of gold and weighs 30 troy ounces (933 g) . It consists of depictions of nine imperial crowns and eight sets of flowers ( roses for England, thistles for Scotland, and shamrocks for Ireland), connected by seventeen silver knots. On lesser occasions, simpler insignia are used: The star
2124-460: Is not entirely clear. The 'three joined in one' may be a reference to the kingdoms of England , Scotland , and either France or Ireland , which were held (or claimed in the case of France ) by English and, later, British monarchs. This would correspond to the three crowns in the badge. Another explanation of the motto is that it refers to the Holy Trinity . Nicolas quotes a source (although he
2242-470: 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
2360-506: 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
2478-502: 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)
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#17328526981062596-452: Is sceptical of it) who claims that prior to James I the motto was Tria numina juncta in uno (three powers/gods joined in one), but from the reign of James I, the word numina was dropped, and the motto understood to mean Tria [regna] juncta in uno (three kingdoms joined in one). The prime mover in the establishment of the Order of the Bath was John Anstis , Garter King of Arms , England's highest heraldic officer. Sir Anthony Wagner ,
2714-411: 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
2832-675: 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
2950-584: Is the Great Master, of which there have been ten: Originally a Prince of the Blood Royal, as the Principal Knight Companion, ranked next after the sovereign. This position was joined to that of the Great Master in the statutes of 1847. The Great Master and Principal Knight is now either a descendant of George I or 'some other exalted personage'; the holder of the office has custody of the seal of
3068-426: Is used only by Knights and Dames Grand Cross and Knights and Dames Commander. Its style varies by rank and division; it is worn pinned to the left breast: The star for military Knights and Dames Grand Cross consists of a Maltese Cross on top of an eight-pointed silver star; the star for military Knights and Dames Commander is an eight-pointed silver cross pattée. Each bears in the centre three crowns surrounded by
3186-422: 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
3304-551: The Earl Marshal , which was not hard, their political principles being congruous and their friendship already established, but also to Sir Robert Walpole and the Whig ministry, which can by no means have been easy, considering his known attachment to the Pretender and the circumstances under which he came into office. ... The main object of Anstis's next move, the revival or institution of
3422-519: 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
3540-651: The Gulf War . A more controversial member of the Order was Robert Mugabe , whose honour was stripped by the Queen, on the advice of the Foreign Secretary , David Miliband , on 25 June 2008 "as a mark of revulsion at the abuse of human rights and abject disregard for the democratic process in Zimbabwe over which President Mugabe has presided." Honorary members do not count towards the numerical limits in each class. In addition,
3658-542: 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
Joseph Nias - Misplaced Pages Continue
3776-742: The Order of the Garter ). Foreign generals are also often given honorary appointments to the Order, for example: Marshal Ferdinand Foch and Marshal Joseph Joffre during the First World War ; Marshal Georgy Zhukov , King Abdul-Aziz of Saudi Arabia , General Dwight D. Eisenhower , General George C. Marshall , General Douglas MacArthur , and General George S. Patton Jr. during the Second World War ; and General Norman Schwarzkopf and General Colin Powell after
3894-726: The Sovereign of the United Kingdom (currently King Charles III ), the Great Master (currently William, Prince of Wales ), and three Classes of members: Members belong to either the Civil Division or the Military Division. Knight Companion (KB), the order's only class prior to 1815, is no longer an option. Commonwealth citizens who are not subjects of the British monarch and foreign nationals may be made honorary members. The Order of
4012-452: The coronation of Henry IV in 1399, the full ceremonies were restricted to major royal occasions, such as coronations, investitures of the Prince of Wales or royal dukes , and royal weddings, and the knights so created became known as Knights of the Bath . Knights Bachelor continued to be created with the simpler form of ceremony. The last occasion on which Knights of the Bath were created
4130-501: 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
4248-502: 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
4366-427: 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
4484-434: The 1859 revision. Women were admitted to the Order in 1971. In the 1971 New Year Honours , Jean Nunn became the first woman admitted to the order. In 1975, Princess Alice, Duchess of Gloucester , an aunt of Elizabeth II , became the first woman to reach the highest rank, Dame Grand Cross. Princess Alice (née Douglas-Montagu-Scott) was a direct descendant of the Order's first Great Master, and her husband, who had died
4602-662: The Arctic under the command of Sir John Ross . In February 1819 he was again with Parry in HMS Hecla , returning to the Thames in November 1820, and on 26 December he was promoted to the rank of lieutenant. In January 1821 he was again appointed to the Hecla with Parry, and sailed for the Arctic in May. After two winters in the ice the Hecla returned to England in November 1823. In 1826 Nias went out to
4720-602: The Bath is the fourth most senior of the British orders of chivalry , after the Order of the Garter , the Order of the Thistle , and the (dormant) Order of St Patrick . In the Middle Ages , a knighthood was often conferred with elaborate ceremonies. These usually involved the knight-to-be taking a bath (possibly symbolic of spiritual purification ), during which he was instructed in the duties of knighthood by more senior knights. He
4838-701: The British monarch and foreigners may be made honorary members. Queen Elizabeth II established the custom of appointing visiting (republican) heads of state honorary GCBs, for example Gustav Heinemann and Josip Broz Tito (in 1972), Ronald Reagan (in 1989), Lech Wałęsa (in 1991), Censu Tabone (in 1992), Fernando Henrique Cardoso , George H. W. Bush (in 1993), Nicolas Sarkozy (in 2008), and Susilo Bambang Yudhoyono (in 2012), as well as Turkish President Abdullah Gül , Slovenian President Danilo Türk , Mexican President Felipe Calderón , and South African President Jacob Zuma (royal heads of state are instead usually made Stranger Knights and Ladies Companion of
Joseph Nias - Misplaced Pages Continue
4956-675: The Garter equivalent (the Gentleman Usher of the Black Rod ) perform any duties in the House of Lords . There were originally seven officers, each of whom was to receive fees from the Knights Companion both on appointment, and annually thereafter. The office of Messenger was abolished in 1859. The office of Genealogist was abolished at the same time, but revived in 1913. The offices of Registrar and Secretary were formally merged in 1859, although
5074-460: The Genealogist, Brunswick Herald of Arms to the Gentleman Usher, and Bath King of Arms was also made Gloucester King of Arms with heraldic jurisdiction over Wales. This was the result of a move by Anstis to give the holders of these sinecures greater security; the offices of the Order of the Bath were held at the pleasure of the Great Master, while appointments to the heraldic offices were made by
5192-621: The King under the Great Seal and were for life. Members of the Order wear elaborate uniforms on important occasions (such as its quadrennial installation ceremonies and coronations ), which vary by rank: The mantle , worn only by Knights and Dames Grand Cross, is made of crimson satin lined with white taffeta . On the left side is a representation of the star (see below). The mantle is bound with two large tassels. The hat , worn only by Knights and Dames Grand Cross and Knights and Dames Commander,
5310-462: The Knights of the Bath, as well as the colour of the riband and mantle , and the ceremony for creating a knight. The rest of the statutes were mostly based on those of the Order of the Garter, of which he was an officer (as Garter King of Arms). The Order was founded by letters patent under the Great Seal dated 18 May 1725 ; 299 years ago ( 1725-05-18 ) , and the statutes issued
5428-528: The Maltese cross; the star for civil Knights and Dames Commander is an eight-pointed silver cross pattée. The design of each is the same as the design of the military stars, except that the laurel branches and the words Ich dien are excluded. The badge varies in design, size, and manner of wearing by rank and division. The Knight and Dame Grand Cross' badge is larger than the Knight and Dame Commander's badge, which
5546-558: The Mediterranean as first lieutenant of HMS Asia , carrying the flag of Sir Edward Codrington , and, after the battle of Navarino, was promoted to be commander on 11 November 1827, and appointed to the brig HMS Alacrity , in which he saw some sharp service against the Greek pirates who at that time infested the Archipelago, and especially on 11 January 1829, in cutting out one commanded by
5664-604: The Military Division, to Commissariat and Medical officers serving with the Army and Navy , including those serving with the East India Company . In 1859, a further edition of the Statutes was issued; the changes related mainly to the costs associated with the Order. Prior to this date, it had been the policy that the insignia (which were provided by the Crown) were to be returned on
5782-461: The Order for members who had been appointed for the services in the recent war. The fees were abolished, and replaced with a salary of approximately the same average value. The offices of Genealogist and Messenger were abolished, and those of Registrar and Secretary combined. In 1910, after his accession to the throne, George V ordered the revival of the Installation ceremony, perhaps prompted by
5900-518: The Order of the Bath The Most Honourable Order of the Bath is a British order of chivalry founded by King George I on 18 May 1725. Recipients of the Order are usually senior military officers or senior civil servants , and the monarch awards it on the advice of His Majesty's Government. The name derives from an elaborate medieval ceremony for preparing a candidate to receive his knighthood , of which ritual bathing (as
6018-485: The Order of the Bath was probably that which it in fact secured, of ingratiating him with the all-powerful Prime Minister Sir Robert Walpole. The use of honours in the early eighteenth century differed considerably from the modern honours system , in which hundreds, if not thousands, of people each year receive honours on the basis of deserving accomplishments. The only honours available at that time were hereditary (not life) peerages and baronetcies , knighthoods , and
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#17328526981066136-399: The Order of the Garter (or the Order of the Thistle for Scots), none of which were awarded in large numbers (the Garter and the Thistle are limited to twenty-four and sixteen living members respectively). The political environment was also significantly different from today: The Sovereign still exercised a power to be reckoned with in the eighteenth century. The Court remained the centre of
6254-420: The Order were increasingly made for naval , military , or diplomatic achievements. This is partly due to the conflicts Britain was engaged in over this period. The Peninsular War resulted in so many deserving candidates for the Bath, that a statute was issued allowing the appointment of Extra Knights in time of war, who were to be additional to the numerical limits imposed by the statutes, and whose number
6372-625: The Order's collar over their military uniform or evening wear. When collars are worn (either on collar days or on formal occasions such as coronations), the badge is suspended from the collar. The collars and badges of Knights and Dames Grand Cross are returned to the Central Chancery of the Orders of Knighthood upon the decease of their owners. All other insignia may be retained by their owners. Public domain The public domain ( PD ) consists of all
6490-575: 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
6608-479: 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
6726-551: 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
6844-464: 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
6962-592: 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
7080-664: 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
7198-405: 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
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#17328526981067316-461: The death of the holder; the exception had been foreigners who had been awarded honorary membership. In addition, foreigners had usually been provided with stars made of silver and diamonds, whereas ordinary members had only embroidered stars. The decision was made to award silver stars to all members, and only require the return of the Collar . The Crown had also been paying the fees due to the officers of
7434-466: 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:
7552-426: The fact that the Bath was represented as a military Order, only a few military officers were among the initial appointments (see List of knights companion of the Order of the Bath ). They may be broken down into categories as follows (some are classified in more than one category): The majority of the new Knights Companions were knighted by the King, and invested with their ribands and badges on 27 May 1725. Although
7670-473: The first Installation ceremony of the more junior Order of St Michael and St George , held a few years earlier, and the building of a new chapel for the Order of the Thistle in 1911. The Installation ceremony took place on 22 July 1913 in the Henry VII Chapel , and Installations have been held at regular intervals since. Prior to the 1913 Installation, it was necessary to adapt the chapel to accommodate
7788-403: The following week. The Order initially consisted of the Sovereign, a Prince of the blood Royal as Principal Knight, a Great Master, and thirty-five Knights Companion. Seven officers (see below) were attached to the Order. These provided yet another opportunity for political patronage, as they were to be sinecures at the disposal of the Great Master, supported by fees from the knights. Despite
7906-501: 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
8024-493: The larger number of members. An appeal was made to the members of the Order, and following the Installation a surplus remained. A Committee was formed from the Officers to administer the 'Bath Chapel Fund', and over time this committee has come to consider other matters than purely financial ones. Another revision of the statutes of the Order was undertaken in 1925, to consolidate the 41 additional statutes which had been issued since
8142-559: The last few weeks of the Nymphen' s commission, Nias, in command of one of her boats, was employed in rowing guard round HMS Bellerophon in Plymouth Sound, keeping off the sightseers who thronged to catch a glimpse of Napoleon. He continued in active service after the peace, and in January 1818 was appointed to the brig Alexander , with Lieutenant William Edward Parry , for an expedition to
8260-419: 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
8378-404: The marks of distinction which they have so nobly earned. The Order was now to consist of three classes: Knights Grand Cross, Knights Commander, and Companions. At the same time, the large and small Naval Gold Medals were suspended, while the bearers became Knights Commander and Companions, respectively. The existing Knights Companion (of which there were 60) became Knight Grand Cross; this class
8496-475: 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
8614-528: The name of the Queen, he went from Sydney as a passenger in the Herald , and was assisted by Nias in the formal proceedings During the first Chinese war Nias was actively employed in the operations leading to the capture of Canton, and on 29 June 1841 he was nominated a C.B. The Herald returned to England in 1843, when Nias was placed on half pay. In June 1850 he commissioned to HMS Agincourt , from which in August he
8732-467: The neck (with either a hand or a sword ), thus making him a knight. It was this accolade which was the essential act in creating a knight, and a simpler ceremony developed, conferring knighthood merely by striking or touching the knight-to-be on the shoulder with a sword, or 'dubbing' him, as is still done today. In the early medieval period, the difference seems to have been that the full ceremonies were used for men from more prominent families. From
8850-400: The new Order for Walpole was that it would provide a source of such favours to strengthen his political position. He made sure that most of the 36 new honorees were peers and MPs who would provide him with useful connections. George I having agreed to Walpole's proposal, Anstis was commissioned to draft statutes for the Order of the Bath. As noted above, he adopted the motto and badge used by
8968-617: 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
9086-476: The opportunity also taken to regularise the 1815 expansion of the Order. The 1847 statutes also abolished all the medieval ritual, but they did introduce a formal Investiture ceremony, conducted by the Sovereign wearing the Mantle and insignia of the Order, attended by the Officers and as many GCBs as possible, in their Mantles. In 1850, a special statute authorised appointments of Knight Commander and Companion, in
9204-458: The order and is responsible for enforcing the statutes. The statutes also provide for the following: Regular membership is limited to citizens of the United Kingdom and of other Commonwealth countries of which the British monarch is Sovereign. Appointees are usually officers of the armed forces or senior civil servants, such as permanent secretaries . Members appointed to the Civil Division must "by their personal services to [the] crown or by
9322-654: The performance of public duties have merited ... royal favour." Appointments to the Military Division are restricted by the minimum rank of the individual. GCBs hold the rank of admiral in the Royal Navy, general in the British Army or Royal Marines , or air chief marshal in the Royal Air Force . KCBs must at least hold the rank of vice admiral , lieutenant general in the Army or Marines, or air marshal . CBs tend be of
9440-522: The political world. The King was limited in that he had to choose Ministers who could command a majority in Parliament , but the choice remained his. The leader of an administration still had to command the King's personal confidence and approval. A strong following in Parliament depended on being able to supply places, pensions, and other marks of Royal favour to the government's supporters. The attraction of
9558-450: The prestige of the Order. In 1847, Queen Victoria issued new statutes eliminating all references to an exclusively military Order. As well as removing the word 'Military' from the full name of the Order, this opened up the grades of Knight Commander and Companion to civil appointments, and the Military and Civil Divisions of the Order were established. New numerical limits were imposed, and
9676-456: The previous year, had also held that office. The second Dame Grand Cross, Sally Davies , was appointed in the 2020 New Year Honours . The British Sovereign is the Sovereign of the Order of the Bath. As with all honours, except those in the Sovereign's personal gift, the Sovereign makes all appointments to the Order on the advice of the Government . The next-most senior member of the Order
9794-509: 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,
9912-419: 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
10030-740: 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
10148-602: 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
10266-536: 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
10384-435: 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
10502-416: 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
10620-464: 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
10738-874: 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
10856-405: 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
10974-529: 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
11092-400: 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)
11210-552: The rank of rear admiral , major general in the Army, Royal Navy or Royal Marines, or air vice marshal in the Royal Air Force, and in addition must have been Mentioned in Despatches for distinction in a command position in a combat situation, although the latter is no longer a requirement. Non-line officers (e.g. engineers , medics) may be appointed only for meritorious service in wartime. Commonwealth citizens not subjects of
11328-518: 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.
11446-491: 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
11564-626: The statutes allow the Sovereign to exceed the limits in time of war or other exceptional circumstances. The office of Dean is held by the Dean of Westminster . The King of Arms, responsible for heraldry , is known as Bath King of Arms; he is not, however, a member of the College of Arms , like many heralds. The Order's Usher is known as the Gentleman Usher of the Scarlet Rod ; he does not, unlike his Order of
11682-405: The statutes set out the full medieval ceremony which was to be used for creating knights, this was not performed, and indeed, was possibly never intended to be, as the original statutes contained a provision allowing the Great Master to dispense Knights Companion from these requirements. The original knights were dispensed from all the medieval ceremonies with the exception of the Installation, which
11800-401: 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
11918-461: 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
12036-399: The then unusual practice of bringing an action against Scott, who, after the evidence of Sir Thomas Herbert and others, withdrew the imputation, and under pressure from the lord chief justice expressed his regret, on which the plaintiff accepted a verdict of 40s. and costs. Nias commanded the ordinary at Devonport for the usual term of three years, and from 1854 to 1856 was superintendent of
12154-515: The two positions had been held concurrently for the previous century. An Officer of Arms and a Secretary for the Knights Commander and Companions were established in 1815, but abolished in 1847. The office of Deputy Secretary was created in 1925. Under the Hanoverian kings, certain of the officers also held heraldic office. The office of Blanc Coursier Herald of Arms was attached to that of
12272-602: The victualling yard and hospital at Plymouth. He had no further service, but was made Rear-Admiral of the Blue on 14 February 1857, Rear-Admiral of the White, Rear-Admiral of the Red on 21 January 1862, Vice-Admiral of the Blue on 12 September 1863, K.C.B. on 13 March 1867, and Admiral on 18 October 1867. After his retirement from active service he resided for the most part at Surbiton , but in 1877 moved to London, where he died on 17 December 1879. He
12390-459: 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,
12508-411: 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
12626-582: Was also to appoint eight officers for this body. However, the statute was never invoked. In January 1815, after the end of the Peninsular War , the Prince Regent (later George IV ) expanded the Order of the Bath to the end that those Officers who have had the opportunities of signalising themselves by eminent services during the late war may share in the honours of the said Order, and that their names may be delivered down to remote posterity, accompanied by
12744-527: Was buried in the Marylebone cemetery at East Finchley. He had married Caroline Isabella, only daughter of John Laing, in 1855, and left issue of two sons and three daughters. [REDACTED] This article incorporates text from a publication now in the public domain : Laughton, John Knox (1894). " Nias, Joseph ". In Lee, Sidney (ed.). Dictionary of National Biography . Vol. 40. London: Smith, Elder & Co. Knight Commander of
12862-457: 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
12980-404: 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
13098-456: Was limited to 72 members, of which twelve could be appointed for civil or diplomatic services. The military members had to be of the rank of at least major-general or rear admiral . The Knights Commander were limited to 180, exclusive of foreign nationals holding British commissions, up to ten of whom could be appointed as honorary Knights Commander. They had to be of the rank of lieutenant-colonel or post-captain . The number of Companions
13216-575: Was moved to HMS St George , as flag-captain to Commodore Seymour, then superintendent of the dockyard at Devonport, and as captain of the ordinary. In 1852 Captain James Scott of the navy, in conversation with a friend at the United Service Club, made some reflections on Nias's conduct in China. Though duelling was then not quite extinct, the feeling of the navy was strongly opposed to it, and Nias took
13334-517: Was not specified, but they had to have received a medal or been mentioned in despatches since the start of the war in 1803. A list of about 500 names was subsequently published. Two further officers were appointed, an 'Officer of arms attendant on the Knights Commanders and Companions', and a 'Secretary appertaining to the Knights Commanders and Companions'. The large increase in numbers caused some complaints that such an expansion would reduce
13452-427: Was not subject to any restrictions. Another statute, this one issued some 80 years earlier, had also added a military note to the Order. Each knight was required, under certain circumstances, to supply and support four men-at-arms for a period not exceeding 42 days in any year, to serve in any part of Great Britain. This company was to be captained by the Great Master, who had to supply four trumpeters , and
13570-464: Was performed in the Order's Chapel, the Henry VII Chapel in Westminster Abbey , on 17 June. This precedent was followed until 1812, after which the Installation was also dispensed with, until its revival in the twentieth century. The ceremonies however remained part of the Statutes until 1847. Although the initial appointments to the Order were largely political, from the 1770s, appointments to
13688-434: Was the coronation of Charles II in 1661. From at least 1625, and possibly from the reign of James I , Knights of the Bath were using the motto Tria juncta in uno ( Latin for 'Three joined in one'), and wearing as a badge three crowns within a plain gold oval. These were both subsequently adopted by the Order of the Bath; a similar design of badge is still worn by members of the Civil Division. Their symbolism however
13806-424: Was then put to bed to dry. Clothed in a special robe, he was led with music to the chapel where he spent the night in a vigil . At dawn, he made confession and attended Mass , then retired to his bed to sleep until it was fully daylight. He was then brought before the King, who after instructing two senior knights to buckle the spurs to the knight-elect's heels, fastened a belt around his waist, then struck him on
13924-428: 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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