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Public Domain

By , About.com Guide

Definition:

Public domain, in general, refers to property rights that are held by the public, as opposed to being proprietary, that is, held by a specific individual. The term originally referred to land that was not privately owned nor controlled by a state or the federal government. Today, public domain refers primarily to intellectual property rights.

Here are some examples of public domain:

  • Copyrights: A copyright expires after a period of time, after the owner's death plus 70 years (this varies) and goes into the public domain.
  • Trademarks: A trademark must be registered and maintained. If a trademark falls into disuse or is allowed to be used indiscriminately, it can fall into the public domain.
  • Patents: Patents last for a specified period of time, after which they go into the public domain.

Examples:
The U.S. government releases all its works into the public domain. The patents on many popular drugs like Prilosec, have fallen into the public domain and can be sold "over the counter."

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