Gabriel Gitman <[email protected]> wrote:

   Simon, all Marine Band recordings are public domain.  This recording can be 
shared any way you like.

This seemingly-simple statement is not so simple.  What do you mean by
"public domain"?

I faced this issue many years ago while managing creation of a public
computer standard, containing cooperative contributions from the user
community (mostly big corporations).  A staff lawyer from one of these
corporations informed me that there is nothing an IP owner can do to put
a work into "public domain".  Public domain is a classification for
copyright works for which the copyright has lapsed.  But if you create a
new work, that has a potential copyright that lasts as long as could the
copyright.  The right to copyright is nearly automatic, but there is no
easy way to abrogate that right.  It is necessary to clai, that right
strongly and then (retaining that right) grant free reuse.

The conclusion was that if an entity wants to place something meriting
IP protection, the best strategy is to accompany publication with some
sort of "all rights reserved" statement coupled with a statement
granting permission for free reuse, or whatever the entity wants to
grant.

There is an extended history of the Free Software Foundation and the
lengthy evolution of their several open-source free-use license
agreements.  This has never been a simple problem, given that IP laws
have been intended to guarantee payment for reuse (that's where the
lawyer money is) not to guarantee free reuse.  The current solutions are
pretty good, but their development was not a simple or straightforward
process.
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