A quaich / ˈ k w eɪ x / , archaically quaigh or quoich , is a special kind of shallow two-handled drinking cup or bowl of a type traditional in Scotland . It derives from the Scottish Gaelic cuach ( Scottish Gaelic pronunciation: [kʰuəx] ), meaning a cup.
86-695: According to the 1911 Encyclopædia Britannica , the quaich was inspired by the low silver bowls with two flat handles frequently used as bleeding vessels in England and the Netherlands in the 17th century. Another popular theory suggests that the shape is derived from scallop shells . However, this seems to have had its origins in the poems of James Macpherson which were once thought to be translations of poems by Ossian , son of Fionn mac Cumhaill . In his 1955 monograph Some Scottish Quaichs , Richard L. McClenahan, an American collector, suggests that
172-717: A cultural artifact : the British Empire was at its maximum, imperialism was largely unchallenged, much of the world was still ruled by monarchs, and the tumultuous world wars were still in the future. They are a resource for topics omitted from modern encyclopaedias, particularly for biography and the history of science and technology. As a literary text, the encyclopaedia has value as an example of early 20th-century prose. For example, it employs literary devices , such as pathetic fallacy (attribution of human-like traits to impersonal forces or inanimate objects), which are not as common in modern reference texts. In 1917, using
258-465: 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
344-549: A complete electronic edition of the 1911 Encyclopædia Britannica . The preceding links adopt the spellings used in the target. Public domain The public domain ( PD ) consists of all 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,
430-529: 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
516-534: A handful of female contributors, with 34 women contributing articles to the edition. These included Adelaide Anderson , Gertrude Bell , Margaret Bryant , Constance Jocelyn Ffoulkes , Harriette Lombard Hennessy , and Eleanor Mildred Sidgwick . The eleventh edition introduced a number of changes of the format of the Britannica . It was the first to be published complete, instead of the previous method of volumes being released as they were ready. The print type
602-464: A key is given in each volume to these initials. Some articles were written by the best-known scholars of the time, such as Edmund Gosse , J. B. Bury , Algernon Charles Swinburne , John Muir , Peter Kropotkin , T. H. Huxley , James Hopwood Jeans and William Michael Rossetti . Among the then lesser-known contributors were some who would later become distinguished, such as Ernest Rutherford and Bertrand Russell . Many articles were carried over from
688-584: A more thorough update of the work was required. The fourteenth edition, published in 1929, was considerably revised, with much text eliminated or abridged to make room for new topics. Nevertheless, the eleventh edition was the basis of every later version of the Encyclopædia Britannica until the completely new fifteenth edition was published in 1974, using modern information presentation. The eleventh edition's articles are still of value and interest to modern readers and scholars, especially as
774-412: 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 the "commons of the mind", the "intellectual commons", and the "information commons". Although the term domain did not come into use until
860-474: A reliable description of the academic consensus of its time, many modern readers find fault with the Encyclopedia for several major errors, ethnocentric and racist remarks, and other issues: The eleventh edition of Encyclopædia Britannica has become a commonly quoted source, both because of the reputation of the Britannica and because it is now in the public domain and has been made available on
946-431: A reliable source has been deemed problematic due to the outdated nature of some of its content. Modern scholars have deemed some articles as cultural artifacts of the 19th and early 20th centuries. Nevertheless, the 11th edition has retained considerable value as a time capsule of scientific and historical information, as well as scholarly attitudes of the era immediately preceding World War I . The 1911 eleventh edition
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#17327825981631032-418: A reprint of the eleventh edition, formed the twelfth edition of the work. A similar thirteenth edition, consisting of three volumes plus a reprint of the twelfth edition, was published in 1926. The London editor was J.L. Garvin , as Chisholm had died. The twelfth and thirteenth editions were closely related to the eleventh edition and shared much of the same content. However, it became increasingly apparent that
1118-512: A single piece of wood and there was another group which were turned then carved outside in basket-weave pattern. In addition to wood, they are made of stone, brass, pewter , horn, and silver . The latter were often engraved with lines and bands in imitation of the staves and hoops of the wooden quaichs. The origin of quaichs in Scotland is traced to the Highlands; it was not until the end of
1204-475: 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
1290-552: Is a 29-volume reference work, an edition of the Encyclopædia Britannica . It was developed during the encyclopaedia's transition from a British to an American publication. Some of its articles were written by the best-known scholars of the time. This edition of the encyclopaedia, containing 40,000 entries, has entered the public domain and is readily available on the Internet. Its use in modern scholarship and as
1376-619: 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
1462-512: 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
1548-622: 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
1634-497: 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
1720-411: 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, 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
1806-479: 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
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#17327825981631892-513: 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
1978-506: 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)
2064-411: 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
2150-718: 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
2236-740: The Enciclopedia Italiana and the Espasa as one of the three greatest encyclopaedias. It was the last edition to be produced almost in its entirety in Britain, and its position in time as a summary of the world's knowledge just before the outbreak of World War I is particularly valuable". Sir Kenneth Clark , in Another Part of the Wood (1974), wrote of the eleventh edition, "One leaps from one subject to another, fascinated as much by
2322-422: 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
2408-429: The 9th edition , some with minimal updating. Some of the book-length articles were divided into smaller parts for easier reference, yet others were much abridged. The best-known authors generally contributed only a single article or part of an article. Most of the work was done by journalists, British Museum scholars and other scholars. The 1911 edition was the first edition of the encyclopaedia to include more than just
2494-528: 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
2580-786: The Ku Klux Klan as protecting the white race and restoring order to the American South after the American Civil War , citing the need to "control the negro", and "the frequent occurrence of the crime of rape by negro men upon white women". Similarly, the "Civilization" article argues for eugenics , stating that it is irrational to "propagate low orders of intelligence, to feed the ranks of paupers, defectives and criminals ... which to-day constitute so threatening an obstacle to racial progress". The eleventh edition has no biography of Marie Curie , despite her winning
2666-546: 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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2752-619: The Nobel Prize in Physics in 1903 and the Nobel Prize in Chemistry in 1911, although she is mentioned briefly under the biography of her husband Pierre Curie . The Britannica employed a large female editorial staff that wrote hundreds of articles for which they were not given credit. The 1911 edition is no longer restricted by copyright , and it is therefore freely available in several more modern forms. While it may once have been
2838-427: 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
2924-442: The 11th edition for having bourgeois and old-fashioned opinions on art, literature, and social sciences. A contemporary Cornell professor, Edward B. Titchener , wrote in 1912, "the new Britannica does not reproduce the psychological atmosphere of its day and generation... Despite the halo of authority, and despite the scrutiny of the staff, the great bulk of the secondary articles in general psychology ... are not adapted to
3010-426: The 17th century that they became popular in such large centres as Edinburgh and Glasgow. The silversmiths of such local guilds as Inverness and Perth frequently mounted them in silver, as may be seen from the hallmarks on the existing examples. Commemorative quaichs awarded as prizes, or given as gifts, are more commonly made of pewter or silver. These prize cups are rarely used for actual drinking. Related vessels to
3096-600: The Internet. It has been used as a source by many modern projects, including Misplaced Pages and the Project Gutenberg Encyclopedia . The Project Gutenberg Encyclopedia is the eleventh edition of the Encyclopædia Britannica , renamed to address Britannica's trademark concerns. Project Gutenberg 's offerings are summarized below in the External links section and include text and graphics. As of 2018 , Distributed Proofreaders are working on producing
3182-457: The Scottish quaich include the porringer , a larger vessel typically 6 inches (15 cm) in diameter with one (US colonial) or two (European) horizontal handles. The Sami and Norrland , Sweden , equivalent is the kuksa , which also only has a single handle. The quaich was used for whisky or brandy , and in the 19th century Sir Walter Scott dispensed drams in silver quaichs. One of
3268-584: 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
3354-482: 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
3440-565: 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
3526-545: The Wallace Oak. The one he kept for himself was made of wood with seven bands, and had travelled from Edinburgh to Derby with Bonnie Prince Charlie in 1745. Wooden commemorative quaichs designed by Paul Hodgkiss were given as presents to winners at the 2014 Commonwealth Games in Glasgow. Attribution: 1911 Encyclop%C3%A6dia Britannica The Encyclopædia Britannica Eleventh Edition (1910–1911)
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3612-464: 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
3698-603: 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
3784-412: The content of the encyclopaedia was distributed as follows: Hooper sold the rights to Sears, Roebuck and Company of Chicago in 1920, completing the Britannica ' s transition to becoming a substantially American publication. In 1922, an additional three volumes (also edited by Hugh Chisholm) where published, covering the events of the intervening years, including World War I . These, together with
3870-405: 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
3956-470: 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:
4042-399: The efforts made to make it more popular. American marketing methods also assisted sales. Some 14% of the contributors (214 of 1507) were from North America, and a New York office was established to coordinate their work. The initials of the encyclopaedia's contributors appear at the end of selected articles or at the end of a section in the case of longer articles, such as that on China, and
4128-520: The eleventh and fourteenth editions in their entirety, said he found the fourteenth edition to be a "big improvement" over the eleventh, stating that "most of the material had been completely rewritten". Robert Collison , in Encyclopaedias: Their History Throughout The Ages (1966), wrote of the eleventh edition that it "was probably the finest edition of the Britannica ever issued, and it ranks with
4214-457: 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
4300-501: 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
4386-419: 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
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#17327825981634472-427: 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 was defined as things not yet appropriated. The term res communes
4558-480: 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
4644-622: 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
4730-454: The play of mind and the idiosyncrasies of their authors as by the facts and dates. It must be the last encyclopaedia in the tradition of Diderot which assumes that information can be made memorable only when it is slightly coloured by prejudice. When T. S. Eliot wrote 'Soul curled up on the window seat reading the Encyclopædia Britannica ,' he was certainly thinking of the eleventh edition." (Clark refers to Eliot's 1929 poem " Animula ".) It
4816-577: The pseudonym of S. S. Van Dine, the US art critic and author Willard Huntington Wright published Misinforming a Nation , a 200+ page criticism of inaccuracies and biases of the Encyclopædia Britannica eleventh edition. Wright claimed that Britannica was "characterized by misstatements, inexcusable omissions, rabid and patriotic prejudices, personal animosities, blatant errors of fact, scholastic ignorance, gross neglect of non-British culture, an astounding egotism, and an undisguised contempt for American progress". Amos Urban Shirk , known for having read
4902-740: 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
4988-602: 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
5074-555: 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
5160-435: 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
5246-416: 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
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#17327825981635332-468: 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
5418-914: 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
5504-405: 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
5590-541: 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
5676-499: 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 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
5762-400: 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)
5848-746: The quaich evolved directly from the medieval mazer . This seems unlikely as the form and material ( burr maple for mazers) are quite different. There were small stave-built drinking vessels common in the medieval period found around the Baltics and, since some of the earliest quaichs are stave-built, this could be the source. Traditionally quaichs are made of wood, an artform known as " treen ". Some early quaichs are stave-built like barrels and some have alternating light and dark staves. The staves are held together by bands of willow or silver. They generally have two, and more rarely three or four, short, projecting handles. Other wooden quaiches were lathe-turned out of
5934-678: The quaichs he owned was the Waterloo Tree Quaich . It was made in part from wood Scott had taken from the Waterloo Elm , when he visited the battlefield shortly after the Battle of Waterloo (the elm tree had been the Duke of Wellington's command post for much of the battle). In his collection he also owned some other quaichs made from commemorative wood: one made from Falkland Oak; one made from Queen Mary's yew; and another made from
6020-414: The requirements of the intelligent reader". In an April 2012 article, Nate Pederson of The Guardian said that the eleventh edition represented "a peak of colonial optimism before the slaughter of war" and that the edition "has acquired an almost mythic reputation among collectors". Critics have charged several editions with racism, sexism , and antisemitism . The eleventh edition characterises
6106-518: 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.
6192-499: 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
6278-401: 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
6364-482: The tenth edition, which was published in 1902. Hooper's association with The Times ceased in 1909, and he negotiated with the Cambridge University Press to publish the 29-volume eleventh edition. Though it is generally perceived as a quintessentially British work, the eleventh edition had substantial American influences, in not only the increased amount of American and Canadian content, but also
6450-461: 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
6536-467: 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,
6622-412: 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 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
6708-411: 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
6794-473: Was also the first edition of Britannica to include biographies of living people. Sixteen maps of the famous 9th edition of Stielers Handatlas were exclusively translated to English, converted to imperial units , printed in Gotha , Germany, by Justus Perthes and the maps became a part of this edition. Later editions only included Perthes' maps as low-quality reproductions. According to Coleman and Simmons,
6880-481: Was assembled with the management of American publisher Horace Everett Hooper . Hugh Chisholm , who had edited the previous edition, was appointed editor-in-chief, with Walter Alison Phillips as his principal assistant editor. Originally, Hooper bought the rights to the 25-volume 9th edition and persuaded the British newspaper The Times to issue its reprint, with eleven additional volumes (35 volumes total) as
6966-649: Was censored under pressure from the Roman Catholic Church after the 11th edition. Initially, the eleventh edition received criticism from members of the Roman Catholic Church, who accused it of misrepresenting and being biased against Catholics . The most "vociferous" American Catholic critics of the eleventh edition were editors of the Christian magazine America . Authorities ranging from Virginia Woolf to professors criticised
7052-457: 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
7138-497: 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 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
7224-455: Was kept in galley proofs and subject to continual updating until publication. It was the first edition of Britannica to be issued with a comprehensive index volume in which was added a categorical index, where like topics were listed. It was the first not to include long treatise-length articles. Even though the overall length of the work was about the same as that of its predecessor, the number of articles had increased from 17,000 to 40,000. It
7310-574: Was one of Jorge Luis Borges 's favourite works, and was a source of information and enjoyment for his entire working life. In 1912, mathematician L. C. Karpinski criticised the eleventh edition for inaccuracies in articles on the history of mathematics , none of which had been written by specialists. English writer and former priest Joseph McCabe claimed in Lies and Fallacies of the Encyclopædia Britannica (1947) that Britannica
7396-428: 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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