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68-463: The Realencyklopädie ' s publishing history was: The Schaff-Herzog ' s publishing history was: Christian Classics Ethereal Library has digitized the work and made it available online. Logos Bible Software is also undertaking a digitization project of it. The new Schaff-Herzog encyclopedia of religious knowledge, embracing Biblical, historical, doctrinal, and practical theology and Biblical, theological, and ecclesiastical biography from

136-462: 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

204-687: A change was made before the issue of the first volume and the encyclopedia was issued by Funk & Wagnalls. The title-page read thus: A Religious Encyclopædia: or Dictionary of Biblical, Historical, Doctrinal, and Practical Theology. Based on the Real-Encyklopädie of Herzog, Plitt, and Hauck. Edited by Philip Schaff, D.D., LL.D., Professor in the Union Theological Seminary, New York. Associate editors: Rev. Samuel M. Jackson, M. A., and Rev. D. S. Schaff. Volume I. New York: Funk & Wagnalls, Publishers, 10 and 18 Dey Street . The first volume

272-514: 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

340-420: A million books) in a month. A 2002 reviewer acknowledged that while the site is "intended to be a basic online theological library," it was actually much more valuable than that: it is "a treasure of primary sources for anyone teaching Western Civilization or more specialized courses in medieval or Reformation history." They also specifically noted that the ability to search the music "for specific note patterns"

408-477: A new edition based on the third edition of Herzog which had been appearing since 1896. But inasmuch as there was a space of ten years between the beginnings of the two works, it has been necessary to bring the matter from the German down to date. This end has been accomplished by two courses: first by securing from the German contributors to Herzog condensations of their contributions, in which way matter contributed to

476-457: 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

544-475: 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

612-665: Is a digital library that provides free electronic copies of Christian scripture and literature texts . CCEL is a volunteer-based project founded and directed by Harry Plantinga, a professor of computer science at Calvin College . It was initiated at Wheaton College in 1993 and is currently supported by Calvin University. It includes Hymnary.org . The purpose of the CCEL is "To build up Christ's church by making available classic Christian books and promoting their use." The documents in

680-606: 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

748-505: 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

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816-562: 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

884-487: 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

952-470: 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

1020-506: 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

1088-502: 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)

1156-411: 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

1224-675: 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

1292-422: 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

1360-519: 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

1428-542: 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

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1496-501: 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

1564-520: The library express a variety of theological views, sometimes conflicting with those of Calvin University. CCEL stores texts in Theological Markup Language (ThML) format and automatically converts them into other formats such as HTML or Portable Document Format (PDF). Although they use mainly Public Domain texts, they claim copyright on all their formatting . Users must log into their website to download all formatted versions of

1632-504: 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

1700-427: 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

1768-736: The German work has in many instances been brought down to date, and second by calling on department editors for supplementary matter. The New Schaff-Herzog Encyclopædia of Religious Knowledge followed the previous editions. The points of similarities were: The points of dissimilarity were: [REDACTED]  This article incorporates text from a publication in the public domain :  Jackson, Samuel Macauley (1908). "Preface" . In Jackson, Samuel Macauley (ed.). New Schaff–Herzog Encyclopedia of Religious Knowledge . Vol. 1 (third ed.). London and New York: Funk and Wagnalls. pp. ix–xii. Christian Classics Ethereal Library The Christian Classics Ethereal Library ( CCEL )

1836-575: 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

1904-479: 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

1972-551: 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

2040-464: 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

2108-592: 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

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2176-665: 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

2244-405: 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

2312-466: 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:

2380-595: The earliest times to the present day . Edited by Samuel MacAuley Jackson (Volumes 2 to 12 have abbreviated titles which vary slightly; volume 13 is an Index volume, which was edited by George William Gilmore). The idea of translating Herzog in a slightly condensed form occurred to John Henry Augustus Bomberger , a minister of the German Reformed Church, and then president of Ursinus College , Collegeville, Pennsylvania , and in 1856 he brought out in Philadelphia

2448-454: The first volume, whose title-page reads thus: The Protestant Theological and Ecclesiastical Encyclopedia: Being a Condensed Translation of Herzog's Real Encyclopedia. With Additions from Other Sources. By Rev. J. H. A. Bomberger, D.D., Assisted by Distinguished Theologians of Various Denominations. Vol. I. Philadelphia: Lindsay & Blakiston, x 1856 . In this work he associated with himself twelve persons, all but one ministers. In 1860 he issued

2516-501: 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

2584-419: 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

2652-475: 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

2720-617: 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

2788-576: The public as the Schaff-Herzog Encyclopedia , the volumes being respectively of pp. xlviii. 679 and four pages unnumbered; 680–1378; 1379–2086; iv. 2087–2629, viii. 296. As the German work at its base was overtaken by the time "S" had been reached, the Schaff-Herzog from that letter on was based on the first edition of Herzog . Therefore, much of its matter is now very old. Yet it has been a useful work, and in 1903 its publishers determined on

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2856-509: 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,

2924-419: 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

2992-740: 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

3060-602: 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

3128-536: 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

3196-435: 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

3264-416: 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

3332-464: 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

3400-874: 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

3468-405: 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

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3536-529: 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

3604-400: 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)

3672-518: 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.

3740-510: The second volume. But the American Civil War breaking out the next year put a stop to so costly an enterprise and it was never resumed. The first volume included the article "Concubinage", the second "Josiah". It had been issued in numbers, of which the last was the twelfth. In 1877 Professor Philip Schaff (1819–93) was asked by Dr. Herzog himself to undertake an English reproduction of the second edition of his encyclopedia, and this work

3808-491: 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

3876-401: 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

3944-461: 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

4012-413: The text. CCEL is funded by online advertisements , sales of CD-ROMs (available from 1997 to 2019), sales of some books not freely downloadable, and individual gifts. Calvin University has also provided them with space, network access, and significant financial support. As of 2006, the library was recording about 200,000 page views per day and providing about 2 TB of information (equivalent to over

4080-453: The third edition of the encyclopedia was issued and with it was incorporated the Encyclopedia of Living Divines , with an appendix, largely the work of Rev. George William Gilmore, bringing the biographical and literary notices down to December, 1890. The entire work was repaged sufficiently to make it one of four volumes of about equal size, and it is this four-volume edition which is known to

4148-459: 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,

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4216-411: 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

4284-457: 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

4352-406: 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

4420-649: Was fairly begun when, in the autumn of 1880, Clemens Petersen and Samuel Macauley Jackson were engaged to work daily on it in Dr. Schaff's study in the Bible House, New York City. The next year Dr. Schaff's son, the Rev. David Schley Schaff , later professor of church history in the Western Theological Seminary, Allegheny, Pa., joined the staff. The original publishers were S. S. Scranton & Company, Hartford, Conn., but

4488-667: Was issued Wednesday, November 1, 1882, the second Thursday, March 1, 1883, and the third Tuesday, March 4, 1884. Volume I. had pp. xix. 1–847; volume II. pp. xvii. 848–1714; and volume III. pp. xix. 1715–2631. In November, 1886, a revised edition was issued and at the same time the Encyclopedia of Living Divines and Christian Workers of All Denominations in Europe and America, Being a Supplement to Schaff-Herzog Encyclopedia of Religious Knowledge. Edited by Rev. Philip Schaff, D.D., LL.D., and Rev. Samuel Macauley Jackson, M. A. New York: Funk & Wagnalls, Publishers, 18 and 20 Astor Place, 1887 . In 1891

4556-467: Was valuable to musicologists. As of 2005, the primary users of the library fell into three main categories. These are university professors and their students using texts from the library as required reading without running up the students' bill for textbooks, people preparing sermons and Bible studies, and those reading for individual edification. Public domain The public domain ( PD ) consists of all

4624-428: 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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