Re: Proposed USENET header: "X-Public-Domain"

On Sat, 17 Apr 1999, Lance Purple <lpurple[_at_]netcom.com> wrote:
>
> I have recently begin adding the following nonstandard header:
>
> X-Public-Domain: Yes
>
> to those USENET articles which I wish to place in the public domain
> (as a reaction to certain other authors use of the "X-No-Archive:"
> header to indicate that they explicitly refuse permission for the
> article to be kept on archive sites such as DejaNews).
>
> I am aware that USC 17 doesn't explicitly grant me any rights to
> place my own articles in the public domain (other than by staying
> dead for 70 years) and that this informal header, on an article
> with no digital signature, probably doesn't constitute any sort
> of binding legal contract. BUT:
>
> Does it have any value at all? Would a court be likely to find
> that such articles are indeed public domain? If not, would they
> at least conclude that anyone who copied such an article was not
> a willful infringer, since the header deliberately mislead them
> into thinking that the copying was permissible. I believe that
> plaintiffs need to show willful infringment in order to collect
> montary damages on works which are not registered with the U.S.
> Copyright Office, yes?
>
> Any opinions appreciated. Thanks.

I'm uncertain from what you have said, as to whether you are the sole author of the work which you mark as public domain?

If you are, then I would see the 'public domain' statement on your work as your invitation to a blanket permission granted in advance to anyone who wishes to reproduce your work.

If it's partly your work or not your work at all, then I can't see how you can mark the article with 'public domain'.

I have another understanding of public domain here in Australia and that is: any sculptures that are on display in public places are eligible for photographs and reproductions of those photographs.

I hope this helps

Helen Dunne
Copyright Coordinator
Museum Victoria, Melbourne, Australia. <hdunne[_at_]mov.vic.gov.au> Received on Mon Apr 19 1999 - 23:57:49 GMT