Why We Still Can't Really Put Anything In the Public Domain

Press2ToContinue writes While you can make a public domain dedication or (more recently) use the Creative Commons CC0 tool to do so, there's no clear way within the law to actually declare something in the public domain. Instead, the public domain declarations are really more of a promise not to make use of the exclusionary rights provided under copyright. On the "public domain day" of Copyright Week, Public Knowledge has pointed out that it's time that it became much easier to put things into the public domain. Specifically, the PK post highlights that thanks to the way copyright termination works, even someone who puts their works into the public domain could pull them back out of the public domain after 35 years.

Comments

Is this really a problem?

[binarstu]

Both of the linked articles present this as if it is a major problem requiring federal congressional action. Several other posters here have pointed out, though, that actually pulling something back out of public domain via this copyright "loophole" might actually be extremely difficult or even (practically) impossible.

It is perhaps telling that neither article presents a single example of a piece of work that was initially donated to the public domain by its author(s) and then removed from the public domain via this mechanism. So, does anyone know if this has ever actually happened? Given that neither article gives even one such example, I suspect this is not really a problem at all from a pragmatic point of view. Attempting to "fix" it by asking Congress to pass new copyright legislation could even backfire, because the additional provisions and changes that would inevitably get added to any such bill might end up creating new, real problems.

Re:Overblown nonsense.

[Jiro]

Here's how you clearly put something in within the law: (1) You declare it public domain. (2) Now, keeping it there: You simply exercise a level of ethics even a 5 year old understands: You don't go back on your word, because (for one thing) that would make you a major fucktarded scumbag.

That doesn't work. Maybe a year later you get sued for something and the court orders that your copyright be transferred to the person suing you as compensation. Or you go bankrupt and your copyright is sold to your creditors. Or, instead of being sued, you die and the copyright goes to your heirs. And the new owner doesn't consider himself bound by your word.

Furthermore, even if none of that happens, it's still not equivalent to public domain because even if you keep your word, someone who wants to use your work has no way to read your mind and know that you're the kind of person who keeps his word. So he has to act as if you could withdraw permission at any time even if you never would.