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

What's unclear?

[drinkypoo]

Along with your work, you provide a promise not to sue, giving up all your rights to the work in question. It's clearly illegal to do that with the intent of changing your mind later.

It would be nice if there were a no-copyright-registration process, which would certainly remove any and all doubt. But it's not like it's unclear, now. If there's no promise not to sue, look for something else.

Re:What's unclear?

[sribe]

Along with your work, you provide a promise not to sue, giving up all your rights to the work in question. It's clearly illegal to do that with the intent of changing your mind later.

Well, since the armchair /. lawyers will soon descend upon your post spouting off about how you can't enforce anything without a contract, let's just go ahead and get this posted: Promissory Estoppel ;-)

Heh...

[Svartalf]

Bingo!

You can't make promises or covenants of this nature with the intent of even remotely considering to revoke them. Your successors are also bound to them. Typically someone will bring up Promissory Estoppel and then raise Bad Faith- and then move to dismiss the case you brought against them...and most typically get it.