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.
The Byzantine Empire referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinople. It survived the fragmentation and fall of the Western Roman Empire in the 5th century AD and continued to exist for an additional thousand years until it fell to the Ottoman Turks in 1453. During most of its existence, the empire was the most powerful economic and military force in Europe. Both the terms "Byzantine Empire" and "Eastern Roman Empire" are historiographical terms created after the end of the realm. Several signal events from the 4th to 6th centuries mark the period of transition during which the Roman Empire's Greek East and Latin West diverged. Constantine I reorganised the empire, made Constantinople the new capital, legalised Christianity. Under Theodosius I, Christianity became the Empire's official state religion and other religious practices were proscribed.
Under the reign of Heraclius, the Empire's military and administration were restructured and adopted Greek for official use in place of Latin. Thus, although the Roman state continued and its traditions were maintained, modern historians distinguish Byzantium from ancient Rome insofar as it was centred on Constantinople, oriented towards Greek rather than Latin culture, characterised by Eastern Orthodox Christianity; the borders of the empire evolved over its existence, as it went through several cycles of decline and recovery. During the reign of Justinian I, the empire reached its greatest extent after reconquering much of the Roman western Mediterranean coast, including North Africa and Rome itself, which it held for two more centuries; the Byzantine–Sasanian War of 602–628 exhausted the empire's resources and contributed to major territorial losses during the Early Muslim conquests of the 7th century, when it lost its richest provinces and Syria, to the Arab caliphate. During the Macedonian dynasty, the empire expanded again and experienced the two-century long Macedonian Renaissance, which came to an end with the loss of much of Asia Minor to the Seljuk Turks after the Battle of Manzikert in 1071.
This battle opened the way for the Turks to settle in Anatolia. The empire recovered during the Komnenian restoration, by the 12th century Constantinople was the largest and wealthiest European city. However, it was delivered a mortal blow during the Fourth Crusade, when Constantinople was sacked in 1204 and the territories that the empire governed were divided into competing Byzantine Greek and Latin realms. Despite the eventual recovery of Constantinople in 1261, the Byzantine Empire remained only one of several small rival states in the area for the final two centuries of its existence, its remaining territories were progressively annexed by the Ottomans over the 15th century. The Fall of Constantinople to the Ottoman Empire in 1453 ended the Byzantine Empire; the last of the imperial Byzantine successor states, the Empire of Trebizond, would be conquered by the Ottomans eight years in the 1461 Siege of Trebizond. The first use of the term "Byzantine" to label the years of the Roman Empire was in 1557, when the German historian Hieronymus Wolf published his work Corpus Historiæ Byzantinæ, a collection of historical sources.
The term comes from "Byzantium", the name of the city of Constantinople before it became Constantine's capital. This older name of the city would be used from this point onward except in historical or poetic contexts; the publication in 1648 of the Byzantine du Louvre, in 1680 of Du Cange's Historia Byzantina further popularised the use of "Byzantine" among French authors, such as Montesquieu. However, it was not until the mid-19th century that the term came into general use in the Western world; the Byzantine Empire was known to its inhabitants as the "Roman Empire", the "Empire of the Romans", "Romania", the "Roman Republic", as "Rhōmais". The inhabitants called themselves Romaioi and as late as the 19th century Greeks referred to Modern Greek as Romaiika "Romaic." After 1204 when the Byzantine Empire was confined to its purely Greek provinces the term'Hellenes' was used instead. While the Byzantine Empire had a multi-ethnic character during most of its history and preserved Romano-Hellenistic traditions, it became identified by its western and northern contemporaries with its predominant Greek element.
The occasional use of the term "Empire of the Greeks" in the West to refer to the Eastern Roman Empire and of the Byzantine Emperor as Imperator Graecorum were used to separate it from the prestige of the Roman Empire within the new kingdoms of the West. No such distinction existed in the Islamic and Slavic worlds, where the Empire was more straightforwardly seen as the continuation of the Roman Empire. In the Islamic world, the Roman Empire was known as Rûm; the name millet-i Rûm, or "Roman nation," was used by the Ottomans through the 20th century to refer to the former subjects of the Byzantine Empire
Caesar is a title of imperial character. It derives from the cognomen of the Roman dictator; the change from being a familial name to a title adopted by the Roman Emperors can be dated to about AD 68/69, the so-called "Year of the Four Emperors". For political and personal reasons, Octavian chose to emphasize his relationship with Julius Caesar by styling himself "Imperator Caesar", without any of the other elements of his full name, his successor as emperor, his stepson Tiberius bore the name as a matter of course. The precedent was set: the Emperor designated his successor by adopting him and giving him the name "Caesar"; the fourth Emperor, was the first to assume the name "Caesar" upon accession, without having been adopted by the previous emperor. Claudius in turn adopted his stepson and grand-nephew Lucius Domitius Ahenobarbus, giving him the name "Caesar" in the traditional way; the first emperor to assume the position and the name without any real claim to either was the usurper Servius Sulpicius Galba, who took the imperial throne under the name "Servius Galba Imperator Caesar" following the death of the last of the Julio-Claudians, Nero, in 68.
Galba helped solidify "Caesar" as the title of the designated heir by giving it to his own adopted heir, Lucius Calpurnius Piso Frugi Licinianus. Galba's reign did not last long and he was soon deposed by Marcus Otho. Otho did not at first use the title "Caesar" and used the title "Nero" as emperor, but adopted the title "Caesar" as well. Otho was defeated by Aulus Vitellius, who acceded with the name "Aulus Vitellius Germanicus Imperator Augustus". Vitellius did not adopt the cognomen "Caesar" as part of his name and may have intended to replace it with "Germanicus". Caesar had become such an integral part of the imperial dignity that its place was restored by Titus Flavius Vespasianus, whose defeat of Vitellius in 69 put an end to the period of instability and began the Flavian dynasty. Vespasian's son, Titus Flavius Vespasianus became "Titus Flavius Caesar Vespasianus". By this point the status of "Caesar" had been regularised into that of a title given to the Emperor-designate and retained by him upon accession to the throne.
After some variation among the earliest emperors, the style of the Emperor-designate on coins was Nobilissimus Caesar "Most Noble Caesar", though Caesar on its own was used. The popularity of using the title Caesar to designate heirs-apparent increased throughout the third century. Many of the soldier emperors during the Crisis of the Third Century attempted to strengthen their legitimacy by naming heirs, including Maximinus Thrax, Philip the Arab, Trebonianus Gallus and Gallienus; some of these were promoted to the rank of Augustus within their father's lifetime, for example Philippus II. The same title would be used in the Gallic Empire, which operated autonomously from the rest of the Roman Empire from 260 to 274, with the final Gallic emperor Tetricus I appointing his heir Tetricus II Caesar and his consular colleague for 274. Despite the best efforts of these emperors, the granting of this title does not seem to have made succession in this chaotic period any more stable. All Caesars would be killed before or alongside their fathers, or at best outlive them for a matter of months, as in the case of Hostilian.
The sole Caesar to obtain the rank of Augustus and rule for some time in his own right was Gordian III, he was controlled by his court. On 1 March 293, Gaius Aurelius Valerius Diocletianus established the Tetrarchy, a system of rule by two senior Emperors and two junior sub-Emperors; the two coequal senior emperors were styled identically to previous Emperors, as Imperator Caesar NN. Pius Felix Invictus Augustus and were called the Augusti, while the two junior sub-Emperors were styled identically to previous Emperors-designate, as Nobilissimus Caesar; the junior sub-Emperors retained the title "Caesar" upon accession to the senior position. The Tetrarchy was abandoned as a system in favour of two equal, territorial emperors, the previous system of Emperors and Emperors-designate was restored, both in the Latin-speaking West and the Greek-speaking East; the title of Caesar remained in use throughout the Constantinian period, with both Constantine I and his co-emperor and rival Licinius utilising it to mark their heirs.
In the case of Constantine, this meant that by the time he died, he had four Caesars: Constantius II, Constantine II, Constans and his nephew Dalmatius, with his eldest son Crispus having been executed in mysterious circumstances earlier in his reign. In the event, Constantine would be su
Alexios Mosele (Caesar)
Alexios Mosele or Musele/Mousele was a Byzantine aristocrat and general, chosen by Emperor Theophilos for a time as his heir, betrothed to his daughter Maria and raised to the supreme dignity of Caesar. He campaigned in the Balkans, recovering territory from the Slavs, fought with some success in Sicily against the Arabs. Recalled to Constantinople on suspicion of plotting to usurp the throne, he was imprisoned but pardoned and allowed to retire to a monastery, where he spent the remainder of his days. Alexios was the son or the grandson of the general Alexios Mosele, active under Constantine VI, although Byzantine chroniclers record that he was descended from the Krenites family. A brother named Theodosios, who held the high court title of patrikios, is recorded. Sometime between 836 and 839, Alexios was engaged to the princess Maria, Emperor Theophilos's youngest and favourite daughter, despite the fact that she was an infant. Theophilos had no male heir at the time, this move was evidently intended as marking out Alexios as his heir apparent.
He was progressively promoted to patrikios and anthypatos to magistros and to Caesar. He was the only person known to have been promoted to the rank during Theophilos's reign, may indeed have been raised to it as early as 831, when the presence of an unnamed Caesar is attested at an imperial triumph. Alternatively, it may be a reference to another, otherwise unknown, holder of the title, who died shortly after. In summer 836, Mosele promoted to Caesar, was dispatched with an army against the Bulgars in Thrace. Instead of confronting them, however, he focused on recovering for the Byzantine Empire the coastal strip between the rivers Nestos and Strymon, abandoned to the local Slavs by the Byzantine-Bulgarian Treaty of 816. In this way, he restored the direct land connection between Thrace and Thessalonica, the Empire's major Balkan city. After founding a new city, named Caesaropolis after himself, he returned to Constantinople. Alexios may have participated in Theophilos's successful campaign against Melitene in 837, as he is recorded to have participated in the triumph that followed the emperor's return.
This, however, is disputed by some scholars. In 838, Mosele was sent on an expedition against the Arabs in Sicily. There, he achieved a number of successes, forcing the Arabs to raise their siege of Cephaloedium, inflicted several defeats upon their forces, his forces, were insufficient to evict the Arabs altogether from their holdings in the western part of the island, in late 838 he suffered a defeat at the hands of fresh Arab reinforcements. At the same time, Alexios's betrothed Maria died, age four, his connection to Theophilos became tenuous, he was accused by some Sicilians of colluding with the Arabs and planning to become emperor himself. To avoid forcing his Caesar into a corner, Theophilos sent Theodore Crithinus, Archbishop of Syracuse, to recall him under guarantees of personal safety. Upon his arrival in the capital, Alexios was stripped of his titles and imprisoned. Theodore Crithinus publicly confronted the emperor for his breach of his word at the Church of St. Mary of Blachernae, but the enraged Theophilos had him beaten and exiled as well.
Soon, the Patriarch John the Grammarian too publicly berated Theophilos. The emperor relented, released both Theodore and Alexios, restored the latter to his rank and property, his relations with the emperor, cooled particularly after the death of Maria and the birth, in 840, of Theophilos's son, Michael III. By 842, Mosele had retired to a monastery at the quarter of ta Anthemiou in Chrysopolis, which he himself had founded. Nothing is known of him thereafter
Philippi was a major city northwest of the nearby island, Thasos. Its original name was Crenides after its establishment by Thasian colonists in 360/359 BC; the city was renamed by Philip II of Macedon in 356 BC and abandoned in the 14th century after the Ottoman conquest. The present municipality, Filippoi, is located near the ruins of the ancient city and is part of the region of East Macedonia and Thrace in Kavala, Greece, it was classified as a UNESCO World Heritage Site in 2016. Thasian colonists established a settlement at Krenides in Thrace in 360/359 BC near the head of the Aegean Sea at the foot of Mt. Orbelos, now called Mt. Lekani, about 13 km north-west of Kavalla, on the northern border of the marsh that, in antiquity, covered the entire plain separating it from the Pangaion hills to the south. In 356 BC King Philip II of Macedon renamed it to Philippi; the Macedonian conquerors of the town aimed to take control of the neighbouring gold mines and to establish a garrison at a strategic passage: the site controlled the route between Amphipolis and Neapolis, part of the great royal route which runs east-west across Macedonia and which the Roman Republic reconstructed in the 2nd century BC as part of the Via Egnatia.
Philip II endowed the city with important fortifications, which blocked the passage between the swamp and Mt. Orbelos, sent colonists to occupy it. Philip had the marsh drained, as the writer Theophrastus attests. Philippi preserved its autonomy within the kingdom of Macedon and had its own political institutions; the discovery of new gold mines near the city, at Asyla, contributed to the wealth of the kingdom and Philip established a mint there. The city became integrated into the kingdom during the reign of Philip V of Macedon; the city contained 2,000 people. When the Romans destroyed the Antigonid dynasty of Macedon in the Third Macedonian War, they divided the kingdom into four separate states. Amphipolis became the capital of the eastern Macedonian state. Nothing is known about the city in this period, but archeological remains include walls, the Greek theatre, the foundations of a house under the Roman forum and a little temple dedicated to a hero cult; this monument covers the tomb of a certain Exekestos, is situated on the agora and is dedicated to the κτίστης, the foundation hero of the city.
The city reappears in the sources during the Liberators' civil war that followed the assassination of Julius Caesar in 44 BC. Caesar's heirs Mark Antony and Octavian confronted the forces of the assassins Marcus Junius Brutus and Gaius Cassius Longinus at the Battle of Philippi on the plain to the west of the city during October in 42 BC. Antony and Octavian won this final battle against the partisans of the Republic, they released some of their veteran soldiers from Legion XXVIII, to colonize the city, refounded as Colonia Victrix Philippensium. From 30 BC Octavian established his control of the Roman state, becoming Roman emperor from 27 BC, he reorganized the colony and established more settlers there and other Italians. The city was renamed Colonia Iulia Philippensis, Colonia Augusta Iulia Philippensis after January, 27 BC, when Octavian received the title Augustus from the Roman Senate. Following this second renaming, after the first, the territory of Philippi was centuriated and distributed to the colonists.
The city kept its Macedonian walls, its general plan was modified only by the construction of a forum, a little to the east of the site of Greek agora. It was a "miniature Rome", under the municipal law of Rome, governed by two military officers, the duumviri, who were appointed directly from Rome; the colony recognized its dependence on the mines that brought it its privileged position on the Via Egnatia. Many monuments evidence its wealth - imposing considering the small size of the urban area: the forum, laid out in two terraces on both sides of the main road, was constructed in several phases between the reigns of the Emperors Claudius and Antoninus Pius, the theatre was enlarged and expanded in order to hold Roman games. An abundance of Latin inscriptions testifies to the prosperity of the city; the New Testament records a visit to the city by the apostle Paul during his second missionary journey. On the basis of the Acts of the Apostles and the letter to the Philippians, early Christians concluded that Paul had founded their community.
Accompanied by Silas, by Timothy and by Luke, Paul is believed to have preached for the first time on European soil in Philippi. According to the New Testament, Paul visited the city on two other occasions, in 56 and 57; the Epistle to the Philippians dates from around 61-62 and is believed to show the immediate effects of Paul's instruction. The development of Christianity in Philippi is indicated by a letter from Polycarp of Smyrna addressed to the community in Philippi around AD 160 and by funerary inscriptions; the first church described in the city is a small building, originally a small prayer-house. This Basilica of Paul, identified by a mosaic inscription on the pavement, is dated around 343 from a mention by the bishop Porphyrios, who attended the Council of Serdica that year. Despite Philippi having one of the oldest congregations in Europe, attestation of a bishopric dates only from the 4th century; the prosperity
Michel Le Quien
Michel Le Quien was a French historian and theologian. He studied at Plessis College, at twenty entered the Dominican convent in Faubourg Saint-Germain, where he made his profession in 1682. Excepting occasional short absences he never left Paris. At the time of his death he was librarian of the convent in Rue Saint-Honoré, a position which he had filled all his life, lending assistance to those who sought information on theology and ecclesiastical antiquity. Under the supervision of Père Marsollier he mastered the classical languages and Hebrew, to the detriment, it seems, of his mother-tongue, his chief works, in chronological order, are: Défense du texte hébreu et de la version vulgate, reprinted in Migne, Scripturae Sacrae Cursus, III, 1525-84. It is an answer to L'antiquité des temps rétablie by the Cistercian Paul Pezron, who took the text of the Septuagint as sole basis for his chronology. Pezron replied, was again answered by Le Quien. Johannis Damasceni opera omnia Greek text with Latin translation, republished in Migne Patrologia Graeca, XCIV-VI.
To this fundamental edition he added excellent dissertations. Panoplia contra schisma Graecorum, under the pseudonym of Stephanus de Altimura Ponticencis, a refutation of the Peri arches tou Papa of Patriarch Nectarius of Jerusalem, Le Quien maintained, with historical proofs derived chiefly from the Orient, the primacy of the pope. La nullité des ordinations anglicanes, La nullité des ordinationes anglicanes démontrée de nouveau, against Pierre François le Courayer's apology for Anglican Orders. Various articles on archaeology and ecclesiastical history, published by Desmolets. Oriens christianus in quatuor patriarchatus digestus, in quo exhibentur Ecclesiae patriarchae caeterique praesules totius Orientis, published posthumously. Le Quien contemplated issuing this work as early as 1722, had made a contract with the printer Simart. In editing it, he used the notes of the Benedictine Abel-Louis de Sainte-Marthe, who had projected an "Orbis Christianus", had obligingly handed him over his notes on the Orient and Africa.
The "Oriens Christianus", as projected by Le Quien, was to comprise not only the hierarchy of the four Greek and Latin patriarchates of Constantinople, Alexandria and Jerusalem, that of the Jacobite, Nestorian and Armenian patriarchates, but the Greek and Latin texts of the various Notitiae episcopatuum, a catalogue of the Eastern and African monasteries, the hierarchy of the African Church. The last three parts of this gigantic project were set aside by Le Quien's literary heirs, his notes on Christian Africa and its monasteries have never been used at least in their entirety. "Abrégé de l'histoire de Boulogne-sur-Mer et ses comtes" in Desmolets, "Mémoires de littérature", X, 36-112. Quetif and Echard, Script. Ord. Praed. II, SOS. Universelle, XXIV, 241 Hurter, Hugo von, Nomenclator, II, 1064-6 Streber in Kirchenlexikon Zockler in Realencykl. Fur prot. Theol. S. v. S. Vailhé This article incorporates text from the 1913 Catholic Encyclopedia article "Michel Le Quien" by S. Vailhé, a publication now in the public domain.
Le Quien, Catholic Encyclopedia