The public domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have been forfeited, expressly waived, or may be inapplicable; the works of William Shakespeare and Beethoven, most early silent films, 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 copyright, are therefore in the public domain—among them the formulae of Newtonian physics, cooking recipes, all computer software created prior to 1974. Other works are dedicated by their authors to the public domain; the term public domain is not 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, the absence of registration in a particular country, if required, gives rise to public-domain status for a work in that country.
The term public domain may 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", the "information commons". Although the term "domain" did not come into use until 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 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 was defined as "things that could be enjoyed by mankind, such as air and ocean." The term res publicae referred to things that were shared by all citizens, 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, res universitatis in early Roman law.
When the first early copyright law was first established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by 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 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, left when intellectual property rights, such as copyright 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 the ocean of the public domain." Copyright law differs by country, 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 regard the public domain as a negative space. According to James Boyle this definition underlines common usage of 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 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: "here are certain materials – the air we breathe, rain, life, thoughts, ideas, 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 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", the "information commons". A public-domain book is a book with no copyright, a book, created without a license, or a book where its copyrights expired or have been forfeited. In most countries the term of protection of copyright lasts until January first, 70 years after 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 prior to 1924 is in the public domain.
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom. Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel; the introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, influenced by other Anglo-Norman and continental legal traditions. Although there was some indirect Roman law influence on Scots law, the direct influence of Roman law was slight up until around the 15th century. After this time, Roman law was adopted in argument in court, in an adapted form, where there was no native Scots rule to settle a dispute.
Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, custom. Legislation affecting Scotland may be passed by the Scottish Parliament, the United Kingdom Parliament, the European Union; some legislation passed by the pre-1707 Parliament of Scotland is still valid. Since the Union with England Act 1707, Scotland has shared a legislature with Wales. Scotland retained a fundamentally different legal system from that south of the border, but the Union exerted English influence upon Scots law. Since the UK joined the European Union, Scots law has been affected by European law under the Treaties of the European Union, the requirements of the European Convention on Human Rights and the creation of the devolved Scottish Parliament which may pass legislation within all areas not reserved to Westminster, as detailed by the Scotland Act 1998; the United Kingdom, consists of three jurisdictions: England and Wales and Northern Ireland. There are important differences between Scots Law, English law and Northern Irish law in areas such as property law, criminal law, trust law, inheritance law, evidence law and family law while there are greater similarities in areas of national interest such as commercial law, consumer rights, employment law and health and safety regulations.
Examples of differences between the jurisdictions include the age of legal capacity, the fact that equity was never a distinct branch of Scots law. Some examples in criminal law include: The use of 15-member juries for criminal trials in Scotland who always decide by simple majority; the accused in a criminal trial does not have the right to elect between a jury trial. Judges and juries of criminal trials have the "third verdict" of "not proven" available to them. There are differences in the terminology used between the jurisdictions. For example, in Scotland there are no Magistrates' Courts or Crown Court, but there are Justice of the Peace Courts, Sheriff Courts and the College of Justice; the Procurator Fiscal Service provides the independent public prosecution service for Scotland like the Crown Prosecution Service in England and Wales and the Public Prosecution Service in Northern Ireland. Scots law can be traced to its early beginnings as a number of different custom systems among Scotland's early cultures to its modern role as one of the three legal jurisdictions of the United Kingdom.
The various historic sources of Scots law, including custom, feudal law, canon law, civilian ius commune and English law have created a hybrid or mixed legal system. The nature of Scots law before the 12th century is speculative, but is to have been a mixture of different legal traditions representing the different cultures inhabiting the land at the time, including Gaelic, Welsh and Anglo-Saxon customs. There is evidence to suggest that as late as the 17th century marriage laws in the Highlands and Islands still reflected Gaelic custom, contrary to Catholic religious principles; the formation of the Kingdom of Scotland and its subjugation of the surrounding cultures, completed by the Battle of Carham, established what are the boundaries of contemporary mainland Scotland. The Outer Hebrides were added after the Battle of Largs in 1263, the Northern Isles were acquired in 1469, completing what is today the legal jurisdiction of Scotland. From the 12th century feudalism was introduced to Scotland and established feudal land tenure over many parts of the south and east, which spread northward.
As feudalism began to develop in Scotland early court systems began to develop, including early forms of Sheriff Courts. Under Robert the Bruce the importance of the Parliament of Scotland grew as he called parliaments more and its composition shifted to include more representation from the burghs and lesser landowners. In 1399 a General Council established that the King should hold a parliament at least once a year for the next three years so "that his subjects are served by the law". In 1318 a parliament at Scone enacted a code of law that drew upon older practices, but it was dominated by current events and focused on military matters and the conduct of the war of Scottish Independence. From the 14th century we have surviving examples of early Scottish legal literature, such as the Regiam Majestatem and the Quoniam Attachiamenta (on procedure
Scotland is a country, part of the United Kingdom. Sharing a border with England to the southeast, Scotland is otherwise surrounded by the Atlantic Ocean to the north and west, by the North Sea to the northeast and by the Irish Sea to the south. In addition to the mainland, situated on the northern third of the island of Great Britain, Scotland has over 790 islands, including the Northern Isles and the Hebrides; the Kingdom of Scotland emerged as an independent sovereign state in the Early Middle Ages and continued to exist until 1707. By inheritance in 1603, James VI, King of Scots, became King of England and King of Ireland, thus forming a personal union of the three kingdoms. Scotland subsequently entered into a political union with the Kingdom of England on 1 May 1707 to create the new Kingdom of Great Britain; the union created a new Parliament of Great Britain, which succeeded both the Parliament of Scotland and the Parliament of England. In 1801, the Kingdom of Great Britain and Kingdom of Ireland enacted a political union to create a United Kingdom.
The majority of Ireland subsequently seceded from the UK in 1922. Within Scotland, the monarchy of the United Kingdom has continued to use a variety of styles and other royal symbols of statehood specific to the pre-union Kingdom of Scotland; the legal system within Scotland has remained separate from those of England and Wales and Northern Ireland. The continued existence of legal, educational and other institutions distinct from those in the remainder of the UK have all contributed to the continuation of Scottish culture and national identity since the 1707 union with England; the Scottish Parliament, a unicameral legislature comprising 129 members, was established in 1999 and has authority over those areas of domestic policy which have been devolved by the United Kingdom Parliament. The head of the Scottish Government, the executive of the devolved legislature, is the First Minister of Scotland. Scotland is represented in the UK House of Commons by 59 MPs and in the European Parliament by 6 MEPs.
Scotland is a member of the British–Irish Council, sends five members of the Scottish Parliament to the British–Irish Parliamentary Assembly. Scotland is divided into councils. Glasgow City is the largest subdivision in Scotland in terms of population, with Highland being the largest in terms of area. "Scotland" comes from the Latin name for the Gaels. From the ninth century, the meaning of Scotia shifted to designate Gaelic Scotland and by the eleventh century the name was being used to refer to the core territory of the Kingdom of Alba in what is now east-central Scotland; the use of the words Scots and Scotland to encompass most of what is now Scotland became common in the Late Middle Ages, as the Kingdom of Alba expanded and came to encompass various peoples of diverse origins. Repeated glaciations, which covered the entire land mass of modern Scotland, destroyed any traces of human habitation that may have existed before the Mesolithic period, it is believed the first post-glacial groups of hunter-gatherers arrived in Scotland around 12,800 years ago, as the ice sheet retreated after the last glaciation.
At the time, Scotland was covered in forests, had more bog-land, the main form of transport was by water. These settlers began building the first known permanent houses on Scottish soil around 9,500 years ago, the first villages around 6,000 years ago; the well-preserved village of Skara Brae on the mainland of Orkney dates from this period. Neolithic habitation and ritual sites are common and well preserved in the Northern Isles and Western Isles, where a lack of trees led to most structures being built of local stone. Evidence of sophisticated pre-Christian belief systems is demonstrated by sites such as the Callanish Stones on Lewis and the Maes Howe on Orkney, which were built in the third millennium BCE; the first written reference to Scotland was in 320 BC by Greek sailor Pytheas, who called the northern tip of Britain "Orcas", the source of the name of the Orkney islands. During the first millennium BCE, the society changed to a chiefdom model, as consolidation of settlement led to the concentration of wealth and underground stores of surplus food.
The first Roman incursion into Scotland occurred in 79 AD. After the Roman victory, Roman forts were set along the Gask Ridge close to the Highland line, but by three years after the battle, the Roman armies had withdrawn to the Southern Uplands; the Romans erected Hadrian's Wall in northern England and the Limes Britannicus became the northern border of the Roman Empire. The Roman influence on the southern part of the country was considerable, they introduced Christianity to Scotland. Beginning in the sixth century, the area, now Scotland was divided into three areas: Pictland, a patchwork of small lordships in central Scotland; these societies were based on the family unit and had sharp divisions in wealth, although the vast majority were poor and worked full-time in subsistence agriculture. The Picts kept slaves through the ninth century. Gaelic influence over Pictland and Northumbria was facilitated by the large number of Gaelic-speaking clerics working as missionaries. Operating in the sixth ce
Encyclopædia Britannica, Eleventh Edition
The Encyclopædia Britannica, Eleventh Edition 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 encyclopedia, containing 40,000 entries, is now in the public domain, many of its articles have been used as a basis for articles in Wikipedia. However, the outdated nature of some of its content makes its use as a source for modern scholarship problematic; some articles have special value and interest to modern scholars as cultural artifacts of the 19th and early 20th centuries. The 1911 eleventh edition 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. 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 as the tenth edition, published in 1902.
Hooper's association with The Times ceased in 1909, he negotiated with the Cambridge University Press to publish the 29-volume eleventh edition. Though it is perceived as a quintessentially British work, the eleventh edition had substantial American influences, not only in the increased amount of American and Canadian content, but in the efforts made to make it more popular. American marketing methods assisted sales; some 14% of the contributors were from North America, a New York office was established to coordinate their work. The initials of the encyclopedia'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, 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 lesser-known contributors were some who would become distinguished, such as Ernest Rutherford and Bertrand Russell.
Many articles were carried over from some with minimal updating. Some of the book-length articles were divided into smaller parts for easier reference, yet others much abridged; the best-known authors contributed only a single article or part of an article. Most of the work was done by British Museum scholars and other scholars; the 1911 edition was the first edition of the encyclopædia to include more than just a handful of female contributors, with 34 women contributing articles to the edition. 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 was subject to continual updating until publication, it was the first edition of Britannica to be issued with a comprehensive index volume in, added a categorical index, where like topics were listed. It was the first not to include long treatise-length articles. 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 was the first edition of Britannica to include biographies of living people. Sixteen maps of the famous 9th edition of Stielers Handatlas were translated to English, converted to Imperial units, printed in Gotha, Germany by Justus Perthes and became part this edition. Editions only included Perthes' great maps as low quality reproductions. According to Coleman and Simmons, the content of the encyclopedia was distributed as follows: Hooper sold the rights to Sears Roebuck of Chicago in 1920, completing the Britannica's transition to becoming a American publication. In 1922, an additional three volumes, were published, covering the events of the intervening years, including World War I. These, together with 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, so the twelfth and thirteenth editions were related to the eleventh edition and shared much of the same content.
However, it became apparent that a more thorough update of the work was required. The fourteenth edition, published in 1929, was revised, with much text eliminated or abridged to make room for new topics; the eleventh edition was the basis of every version of the Encyclopædia Britannica until the 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 as a cultural artifact: the British Empire was at its maximum, imperialism was unchallenged, much of the world was still ruled by monarchs, the tragedy of the modern world wars was still in the future, they are an invaluable resource for topics omitted from modern encyclopedias for biography and the history of science and technology. As a literary text, the encyclopedia has value as an example of early 20th-century prose. For example, it employs literary devices, such as pathetic fallacy, which are not as common in modern reference texts.
In 1917, using the pseudonym of S. S. Van Dine, the US art critic and author Willard Huntington Wright published Misinforming a Nation, a 200+