Update

public_domain.md

@@ -1,6 +1,6 @@
 # Public Domain
 
-If an "intellectual work" (a song, a book, a computer program, ...) is in the public domain (PD), it has no "owner", meaning no one has any exclusive rights (such as [copyright](copyright.md) or [patent](patent.md)) over the work, no one can dictate how and by whom such work can be used and so anyone can basically do anything with such work (anything that's not otherwise illegal of course).
+If an "intellectual work" (song, book, computer program, ...) is in the public domain (PD), it has no "owner", meaning no one has any exclusive rights (such as [copyright](copyright.md) or [patent](patent.md)) over the work, no one can dictate how and by whom such work can be used and so anyone can basically do anything with such work (anything that's not otherwise illegal of course).
 
 [LRS](lrs.md) highly supports public domain and recommends programmers and artists put their works in the public domain using [waivers](waiver.md) such as [CC0](cc0.md).
 
@@ -18,7 +18,7 @@ This is not a trivial question, firstly because the term *public domain* is not
 
 Corporations and [capitalism](capitalism.md) are highly hostile towards public domain and try to destroy it, make it effectively non-existing, as to eliminate "free" works competing with the consumerist creations of the industry. Over many years they have pushes towards creating laws that make it extremely difficult and rare for works to fall into public domain.
 
-Sadly due to these shitty laws most works created in latest decades are NOT in the public domain because of the [copyright](copyright.md) [cancer](cancer.md): copyright is granted automatically, without any registration or fee, to the author of any shitty artistic creation, and its term lasts mostly for **the whole life of the author plus 70 years!** In some countries this is life + 100 years. In the US, copyright lasts 96 years from the publication of the work (every January 1st there is so called public domain day celebrating new works entering the US public domain). In some countries it is not even possible to legally waive (give up) one's copyright. And to make matters worse, copyright isn't the only possible restriction of an intellectual work, there are also [patents](patent.md), [trademarks](trademark.md) and other kinds of [intellectual property](intellectual_property.md).
+Sadly due to these shitty laws most works created in latest decades are NOT in the public domain because of the [copyright](copyright.md) [cancer](cancer.md): copyright is granted automatically, without any registration or fee, to the author of any shitty artistic creation, and its term lasts mostly for **the whole life of the author plus 70 years!** In some countries this is life + 100 years. In the US, copyright lasts 96 years from the publication of the work (every January 1st there is so called public domain day celebrating new works entering the US public domain). In some countries it is not even possible to legally waive (give up) one's copyright. And to make matters worse, copyright isn't the only possible restriction of an intellectual work, there are also **[patents](patent.md)**, **[trademarks](trademark.md)**, [personality rights](personality_rights.md) and other kinds of [intellectual property](intellectual_property.md).
 
 Another bad news is that works in a **"weak" public domain**, i.e. most recent PD works or works that entered PD by some obscure little law, may as well stop being PD by introducing some shitty retroactive law (which has happened). So one may not be feeling completely safe going crazy by utilizing some recent PD works.
 
@@ -32,11 +32,19 @@ We therefore devise the term **safe/strong public domain**. Under this we includ
 
 There are a number of places on the internet to look for public domain works, for a list see below.
 
+**Should you release you own works to the public domain?** Definitely yes! From [our](lrs.md) point of view public domain is the only option as we deem any "intellectual property" immoral, however even if you disagree with us, you may want to release at least some of your works into public domain, if only out of altruism, no longer caring about your old works, out of curiosity or to make yourself a bit popular in the free culture community (thought this is a motivation we don't entirely embrace). **Are you afraid to do so?** It is natural, letting go of something you spend part of your life on can raise a bit of anxiety, but this is just a fear of making the first step to the unknown, a fear almost entirely artificial, created by [capitalist](capitalism.md) propaganda; making this decision will really most likely only have positive effects unless you actually had SERIOUS plans to make a business of your proprietary art. Practically the worst that can happen is that your work goes unnoticed and unappreciated. If you are still hesitant, try to go slowly, first release one thing, something small, and see what happens.
+
+{ I remember myself how anxious I was about making the decision to release all my work into public domain, despite knowing it was the right thing to do and that I wanted to do it. I felt emotional about giving away rights to art I put so much love and energy into, fearing the evil vultures of the Internet would immediately "steal" it all as soon as I release it. I overcame the fear and now, many years later, I can say that not once have I regretted it, literally not a single case of abuse of my work happened (that I know of anyway), despite some of it becoming kind of popular. I only received love of many people who found my work useful, and even received donations from people. I've seen others put my work to use, improve it, I get mail from people thanking me for I've done. Of course this all is not why I did it, but it's nice, I write about it to share a personal experience that will maybe give you the courage to do the right thing as well. ~drummyfish } 
+
 ## How To Create Public Domain Works
 
-If you want to create a PD work (which you should), then generally in that work **you must not use any non-public domain work**. So, for example, you can NOT create a public domain fan fiction story about Harry Potter because Harry Potter and his universe is copyrighted. Similarly you can't just use randomly googled images in a game you created because the images are most likely copyrighted. Small and obscure exceptions (fonts, freedom of panorama, ...) to this may exist in laws but it's never good to rely on them, it's best to keep it safe and simply avoid utilizing anything non-PD within your works.
+To create a public domain work you must ensure that after you release it, no one will hold exclusive [intellectual property](intellectual_property.md) rights to it -- most notably we will be trying to remove [copyright](copyright.md) from the work (which arises automatically, last extremely long and is most annoying), but know that there are potentially also other rights to take into account, e.g. [patents](patent.md), [trade marks](trade_mark.md), trade dress, personality rights, etc. (in usual cases you don't have to deal with these as they apply only to some things in some situations, but for things like program [source code](source_code.md) you may need to look into them). We will remove such rights with [licenses](license.md) or [waivers](waiver.md), i.e. a legal text which we attach to our works and which says we just give up our rights. Sadly this is not trivial to do.
 
-Also **you can NOT use anything under [fair use](fair_use.md)**! Even though you could lawfully use someone else's copyrighted work under fair use, inclusion of such material would, by the fair use rules, limit what other would be able to do with your work, making it restricted and therefore not public domain. Example: you can probably write a noncommercial Harry Potter fan fiction and share it with friends on the internet because that's fair use, however this fan fiction can never be public domain because it can't e.g. be used commercially, that would no longer fall under fair use, i.e. there is a non-commercial-use-only restriction burdening your work. It doesn't even help if you get an explicit permission to use a copyrighted work in your work unless such permission grants all the right to everyone (not just your work). { I got a mascot removed from [SuperTuxKart](supertuxkart.md) by this argument, mere author's permission to use his work isn't enough to make it free as in freedom. ~drummyfish }
+If you want to create a PD work, then generally in that work **you must not reuse any non-public domain work**. So, for example, you can NOT create a public domain fan fiction story about [Harry Potter](harry_potter.md) because Harry Potter and his universe is copyrighted (your fan fiction here would be so called [derivative work](derivative_work.md) or a copyrighted work). Similarly you can't just use randomly googled images in a game you created because the images are most likely copyrighted. Small and obscure exceptions (trivial bitmap fonts, freedom of panorama, ...) to this may exist in laws but it's never good to rely on such quirky laws (they may differ between countries etc.), it's best to keep it safe and simply avoid utilizing anything non-PD within your works. If you can, create everything yourself, that's the safest bet.
+
+Note that even things such as music/sound samples, text fonts or paint brushes may sometimes be copyrighted. Just be careful, try to make everything from scratch -- yes, it sucks, because copyright sucks, but this is simply how we bypass it. Making everything yourself from the ground up also teaches you a lot and makes your art truly original, it's not a wasted time.
+
+Also **you must NOT use anything under [fair use](fair_use.md)**! Even though you could lawfully use someone else's copyrighted work under fair use, inclusion of such material would, by the fair use rules, limit what others would be able to do with your work, making it restricted and therefore not public domain. Example: you can probably write a noncommercial Harry Potter fan fiction and share it with friends on the internet because that's fair use, however this fan fiction can never be public domain because it can't e.g. be used commercially, that would no longer fall under fair use, i.e. there is a non-commercial-use-only restriction burdening your work. It doesn't even help if you get an explicit permission to use a copyrighted work in your work unless such permission grants all the right to everyone (not just your work). { I got a mascot removed from [SuperTuxKart](supertuxkart.md) by this argument, mere author's permission to use his work isn't enough to make it free as in freedom. ~drummyfish }
 
 So you can only use your own original creations and other public domain works within your PD work. Here you should highly prefer your own creations because that is legally the safest, no one can ever challenge your right to reuse your own creation, but there is a low but considerable chance that someone else's PD work isn't actually PD or will seize to be PD by some retroactive law change. So when it only takes a small effort to e.g. photograph your own textures for a game instead of using someone else's PD textures, choose to use your own.
 
@@ -44,9 +52,11 @@ So you can only use your own original creations and other public domain works wi
 
 In cases where you DO reuse other PD works, try to minimize their number and try to make sure they belong to the actual **safe** public domain (see above). This again minimizes legal risk and additionally makes it easy to document and prove the sources.
 
-As a next step make sure you clearly **document** your work and the sources you use. This means you write down where all the works contained in your work come from, e.g. in your [readme](read_me.md). Explicitly mention which things you have created yourself (*"I, ..., have created everything myself except for X, Y and Z"*) and which things come from other people and where you have found them. It is great to also archive the proofs of the third party source being public domain (e.g. use the [Internet Archive](internet_archive.md) to snapshot the page with a PD texture you've found).
+As a next step make sure you clearly **document** your work and the sources you use. This means you write down where all the works contained in your work come from, e.g. in your [readme](read_me.md). Explicitly mention which things you have created yourself (*"I, ..., have created everything myself except for X, Y and Z"*) and which things come from other people and where you have found them. It is great to also archive the proofs of the third party source being public domain (e.g. use the [Internet Archive](internet_archive.md) to snapshot the page with a PD texture you've found). For works that allow it (e.g. source code, text, websites, ...) it is good to use [version control systems](vcs.md) such as [git](git.md) that record WHAT, WHEN and by WHO was contributed. This can all help prove that your work is actually safe and/or remove contributions that caused some legal trouble.
 
-Finally you need to actually release your work into the public domain. It must be stressed that it is NOT enough to write *"my work is public domain"*, this is simply legally insufficient (and in many countries you can't even put your work into public domain which is why you need a more sophisticated tool). You need to use a public domain [waiver](waiver.md) (similar to a [license](license.md)) which you just put alongside your work (e.g. into the `LICENSE` file), plus it is also good to explicitly write (e.g. in your readme) a sentence such as **"I, ..., release this work into public domain under CC0 1.0 (link), public domain"**. Keep in mind that the WORDING may be very important here, so try to write this well: we mention the license name AND its version (CC0 1.0, it may even be better to fully state *Creative Commons 1.0*) as well as a link to its exact text and also mention the words *public domain* afterwards to make the intent of public domain yet clearer to any doubters. Here we used what's currently probably the best waiver you can use: [Creative Commons Zero](cc0.md) (CC0) -- this is what we recommend. However note that CC0 only waives copyright and not other things like [trademarks](trademark.md) or [patents](patent.md), so e.g. for [software](software.md) you might need to add an extra waiver of these things as well.
+If you collaborate with someone on the work, it must be clear that ALL contributors to the work follow what we describe here (e.g. that they all agree to the license/waiver you have chosen etc.). It is safer if there are fewer contributors as with more people involved the chance of someone starting to "make trouble" increases.
+
+Finally you need to actually release your work into the public domain. Remember that you want to achieve a **safe, world-wide public domain** (so again you shouldn't try to rely on some weird/obscure laws of your own small country). It must be stressed that it is NOT enough to write *"my work is public domain"*, this is simply legally insufficient (and in many countries you can't even put your work into public domain which is why you need a more sophisticated tool). You need to use a public domain [waiver](waiver.md) (similar to a [license](license.md)) which you just put alongside your work (e.g. into the `LICENSE` file), plus it is also good to explicitly write (e.g. in your readme) a sentence such as **"I, ..., release this work into public domain under CC0 1.0 (link), public domain"**. Keep in mind that the WORDING may be very important here, so try to write this well: we mention the license name AND its version (CC0 1.0, it may even be better to fully state *Creative Commons 1.0*) as well as a link to its exact text and also mention the words *public domain* afterwards to make the intent of public domain yet clearer to any doubters. Here we used what's currently probably the best waiver you can use: [Creative Commons Zero](cc0.md) (CC0) -- this is what we recommend. However note that CC0 only waives copyright and not other things like [trademarks](trademark.md) or [patents](patent.md), so e.g. for [software](software.md) you might need to add an extra waiver of these things as well.
 
 { I personally use the following waiver IN ADDITION to CC0 with my software to attempt waiving of patents, trademarks etc. I made it by taking some standard waiver companies use to steal "rights" of their employees and modifying it to make it a public domain waiver. If you want to use it, make sure you mention it is an EXTRA, additional waiver alongside CC0. The waiver text follows. ~drummyfish