COMMUNIA has released The Public Domain Manifesto and seeks organizations and individuals to sign it. The Creative Commons, James Boyle, and Lawrence Lessig are among the current signatories.

Here's an excerpt:

1. The Public Domain is the rule, copyright protection is the exception. Since copyright protection is granted only with respect to original forms of expression, the vast majority of data, information and ideas produced worldwide at any given time belongs to the Public Domain. In addition to information that is not eligible for protection, the Public Domain is enlarged every year by works whose term of protection expires. The combined application of the requirements for protection and the limited duration of the copyright protection contribute to the wealth of the Public Domain so as to ensure access to our shared culture and knowledge.
2. Copyright protection should last only as long as necessary to achieve a reasonable compromise between protecting and rewarding the author for his intellectual labour and safeguarding the public interest in the dissemination of culture and knowledge. From neither the perspective of the author nor the general public do any valid arguments exist (whether historical, economic, social or otherwise) in support of an exceedingly long term of copyright protection. While the author should be able to reap the fruits of his intellectual labour, the general public should not be deprived for an overly long period of time of the benefits of freely using those works.
3. What is in the Public Domain must remain in the Public Domain. Exclusive control over Public Domain works must not be reestablished by claiming exclusive rights in technical reproductions of the works, or using technical protection measures to limit access to technical reproductions of such works.
4. The lawful user of a digital copy of a Public Domain work should be free to (re-)use, copy and modify such work. The Public Domain status of a work does not necessarily mean that it must be made accessible to the public. The owners of physical works that are in the Public Domain are free to restrict access to such works. However once access to a work has been granted then there ought not be legal restrictions on the re-use, modification or reproduction of these works.
5. Contracts or technical protection measures that restrict access to and re-use of Public Domain works must not be enforced. The Public Domain status of a work guarantees the right to re-use, modify and reproduce. This also includes user prerogatives arising from exceptions and limitations, fair use and fair dealing, ensuring that these cannot be limited by contractual or technological means.

Peter Hirtle has updated his useful "Copyright Term and the Public Domain in the United States" chart as of 1/1/2010.

Read more about it at "Copyright Term and the Public Domain in the United States—2010 Update—An Interview with Peter Hirtle."

The Cornell University Library has given about 80,000 digitized public domain books to the Internet Archive.

Here's an excerpt from the press release:

In an effort to make its materials globally accessible, Cornell University Library is sharing tens of thousands of digitized books with the Internet Archive.

"We have been carefully preserving and storing materials for years, and now we're diversifying the channels for them to be studied and used," said Oya Reiger, associate university librarian for information technologies. "We have the ability to take books to the places where readers are."

The new collaboration repurposes nearly 80,000 books that the Library has already digitized in-house or through its partnership with Microsoft and Kirtas Technologies. All the books are in the public domain, printed before 1923 mainly in the United States. They cover a host of subject areas, including American history, English literature, astronomy, food and wine, general engineering, the history of science, home economics, hospitality and travel, labor relations, Native American materials, ornithology, veterinary medicine and women's studies. . . .

"Expanding access to knowledge is one of the Library's core principles, and we are excited to participate in the open-access vision of the Internet Archive," said Anne R. Kenney, Carl A. Kroch University Librarian.

The collaboration with Internet Archive is another step in Cornell University Library's cutting-edge participation in mass digitization initiatives. Earlier this year, the Library announced an expanded print-on-demand partnership with Amazon.com that allows readers to pay for reprinting of books on an individual basis.

"The Internet Archive is proud to process and host the books from Cornell — these collections are priceless," said Brewster Kahle, founder and digital librarian of the Internet Archive. "We are happy that Microsoft put no restrictions on the scanned public domain books and Cornell is encouraging maximum readership and research use."

Performing a simple search for one of Cornell University Library's digitized books now brings up both a copy on Amazon and a free online copy on the Internet Archive.

Peter Hirtle, Cornell University Library's Senior Policy Advisor, is interviewed in "Removing All Restrictions: Cornell's New Policy on Use of Public Domain Reproductions," which has been published in the latest issue of Research Library Issues.

Here's an excerpt:

Restrictions on the use of public domain work, sometimes labeled "copyfraud," are generating increasing criticism from the scholarly community. With significant collections of public domain materials in their collections, research libraries are faced with the question of what restrictions, if any, to place on those who seek to scan or otherwise reproduce these resources with the intention of publication.

Cornell University Library has responded by adopting new permissions guidelines that open access by no longer requiring users to seek permission to publish public domain items duplicated from its collections. Users planning to scan and publish public domain material are still expected to determine that works are in the public domain where they live (since public domain determinations can vary internationally). Users must also respect noncopyright rights, such as the rights of privacy, publicity, and trademark. The Library will continue to charge service fees associated with the reproduction of analog material or the provision of versions of files different than what is freely available on the Web. The new guidelines are found at http://cdl.library.cornell.edu/guidelines.html.

Laura N. Gasaway, Associate Dean for Academic Affairs and Professor of Law at the University of North Carolina School of Law, has self-archived "A Defense of the Public Domain: A Scholarly Essay" in SelectedWorks.

Here's the abstract:

Much has been written for librarians about copyright law. Despite the importance of the public domain, it has attracted much less scholarly attention than has copyright law generally, and yet a healthy and robust public domain is crucial to our society. It provides the building blocks for authors, composers, artists and movie makers who can borrow from public domain works without seeking permission of copyright owners. Unfortunately, the public domain is under attack from expanding the term of copyright, to making it more difficult for works to enter the public domain to the restoration of some foreign copyrights that had entered the public domain in the United States. Some librarians have asked whether vigorous application of fair use could not substitute for the shrinking public domain. It cannot. Fair use is a defense to copyright infringement and is very fact determinate. A court's finding of fair use applies only to the two parties to the litigation while the public domain is available to everyone from individual users of works, to artists and authors and to publishers and producers. It is crucial that the public domain be energetically defended. Today, it is not clear whether an author can even place his or her work in the public domain since copyright attaches automatically. A statutory method must be developed so that authors who wish to do so can easily place their works in the public domain.

The U.S. Government Printing Office has been unable to award a contract for the digitization of all Federal publications.

Here's an excerpt from the announcement:

In 2004, GPO proposed digitizing all retrospective Federal publications back to the earliest days of the Federal Government. Following the conduct of a pilot project in 2006 and its evaluation in 2007, we issued an RFP in 2008 for a cooperative relationship with a public or private sector participant or participants where the uncompressed, unaltered files created as a result of the conversion process would be delivered to GPO at no cost to the Government, for ingest into GPO's Federal Digital System (FDsys). Unfortunately, we were unable to make an award for this RFP in the allocated timeframe.

We are very disappointed in this setback, but are currently developing new digitization alternatives. In addition to our longstanding goal of serving as one of the repositories for electronic files through the submission of material to FDsys, our focus for digitization will be on coordinating projects among institutions, assisting in the establishment and implementation of preservation guidelines, maintaining a registry of digitization projects, and ensuring that there is appropriate bibliographic metadata for the titles in the collection.

The New York Public Library and Kirtas Technologies are making a half-million public domain books available for sale as digitized or printed copies.

Here's an excerpt from the press release:

Readers and researchers looking for hard-to-find books now have the opportunity to dip into the collections of one of the world's most comprehensive libraries to purchase digitized copies of public domain titles. Through their Digitize-on-Demand program, Kirtas Technologies has partnered with The New York Public Library to make 500,000 public domain works from the Library's collections available (to anyone in the world).

"New technology has allowed the Library to greatly expand access to its collections," said Paul LeClerc, President of The New York Public Library. "Now, for the first time, library users are able to order copies of specific items from our vast public domain collections that are useful to them. Additionally the program creates a digital legacy for future users of the same item and a revenue stream to support our operations. We are very pleased to participate in a program that is so beneficial to everyone involved."

Using existing information from NYPL's catalog records, Kirtas will make the library's public domain books available for sale through its retail site before they are ever digitized. Customers can search for a desired title on www.kirtasbooks.com and place an order for that book. When the order is placed, only then is it pulled from the shelf, digitized and made available as a high-quality reprint or digital file.

What makes this approach to digitization unique is that NYPL incurs no up-front printing, production or storage costs. It also provides the library with a self-funding, commercial model helping it to sustain its digitization programs in the future. Unlike other free or low-cost digitization programs, the library retains the rights and ownership to their own digitized content.

Google has signed an agreement with On Demand Books, maker of the print-on-demand Espresso Book Machine, giving it access to over two million public domain e-books.

Here's an excerpt from the press release:

This unprecedented number of reading options is in addition to the current 1.6 million titles already available directly to consumers via the Espresso Book Machine®. The Espresso Book Machine® is a small, patented high-speed automated book- making machine. In a few minutes it can print, bind and trim a single-copy library- quality paperback book complete with a full-color paperback cover. "ODB, in effect an ATM for books, will radically decentralize direct-to-consumer distribution," says Jason Epstein, Chairman and co-founder of ODB."With the Google inventory the EBM will make it possible for readers everywhere to have access to millions of digital titles in multiple languages, including rare and out of print public domain titles."

"This is a revolutionary product," says Dane Neller, CEO and co founder of ODB."Instead of the traditional Gutenberg model of centrally producing, shipping and selling we sell first, then produce. In a matter of minutes you can get a paperback book identical to one you can get in a store at point of sale. In addition to readers, On Demand Books will bring substantial benefits to authors, retailers and publishers. It has the potential to change the publishing industry."

The Espresso Book Machine® is powered by EspressNet, a proprietary and copyrighted software system that connects EBM to a vast network of permissioned content. Using industry-standard encryption methods EspressNet assures the security of publishers' titles, tracks all jobs, and provides for payments to publishers. Content owners retain full ownership and control of their digital files. . . .

Espresso Book Machines® already are up and running in bookstores, libraries and trade and campus bookstores such as the University of Michigan Shapiro Library Building in Ann Arbor, MI, the Blackwell Bookshop in London, UK, the Bibliotheca Alexandria in Alexandria, Egypt, the Northshire Bookstore in Manchester Center, VT, the University of Alberta Bookstore in Edmonton, Canada and Angus & Robertson Bookstore in Melbourne, Australia. The Harvard Book Store in Cambridge, MA and the University of Melbourne Library in Melbourne, Australia soon will carry their own EBM.

Over one million public domain e-books from Google are now also available in the standard EPUB format.

Here's an excerpt from the announcement:

I'm excited to announce that starting today, Google Books will offer free downloads of these and more than one million more public domain books in an additional format, EPUB. By adding support for EPUB downloads, we're hoping to make these books more accessible by helping people around the world to find and read them in more places. More people are turning to new reading devices to access digital books, and many such phones, netbooks, and e-ink readers have smaller screens that don't readily render image-based PDF versions of the books we've scanned. EPUB is a lightweight text-based digital book format that allows the text to automatically conform (or "reflow") to these smaller screens. And because EPUB is a free, open standard supported by a growing ecosystem of digital reading devices, works you download from Google Books as EPUBs won't be tied to or locked into a particular device. We'll also continue to make available these books in the popular PDF format so you can see images of the pages just as they appear in the printed book.

Sony has announced that one million public domain books from Google are available for its current e-book readers.

In related news, there are rumors that two new Sony e-book readers may be released in August.

Read more about it at "Sony E-Readers Get Access to 1M Free Public Domain Books from Google" and "Sony to Offer 1 Million Google Books through Its Readers."

The U.S. Federal Government has launched Data.gov.

Here's an excerpt from the home page:

The purpose of Data.gov is to increase public access to high value, machine readable datasets generated by the Executive Branch of the Federal Government. Although the initial launch of Data.gov provides a limited portion of the rich variety of Federal datasets presently available, we invite you to actively participate in shaping the future of Data.gov by suggesting additional datasets and site enhancements to provide seamless access and use of your Federal data.

Read more about it at "Data.gov Launched by Federal Government"; "Data.gov Launches to Mixed Reviews"; and "Data.gov Now Live; Looks Nice But Short on Data."

The Cornell University Library has eliminated use restrictions on reproductions of public domain works, including over 70,000 e-books.

Here's an excerpt from the press release:

In a dramatic change of practice, Cornell University Library has announced it will no longer require its users to seek permission to publish public domain items duplicated from its collections. Instead, users may now use reproductions of public domain works made for them by the Library or available via Web sites, without seeking any further permission.

The Library, as the producer of digital reproductions made from its collections, has in the past licensed the use of those reproductions. Individuals and corporations that failed to secure permission to repurpose these reproductions violated their agreement with the Library. "The threat of legal action, however," noted Anne R. Kenney, Carl A. Kroch University Librarian, "does little to stop bad actors while at the same time limits the good uses that can be made of digital surrogates. We decided it was more important to encourage the use of the public domain materials in our holdings than to impose roadblocks."

The immediate impetus for the new policy is Cornell’s donation of more than 70,000 digitized public domain books to the Internet Archive (details at www.archive.org/details/cornell).

"Imposing legally binding restrictions on these digital files would have been very difficult and in a way contrary to our broad support of open access principles," said Oya Y. Rieger, Associate University Librarian for Information Technologies. "It seemed better just to acknowledge their public domain status and make them freely usable for any purpose. And since it doesn't make sense to have different rules for material that is reproduced at the request of patrons, we have removed permission obligations from public domain works."

Institutional restrictions on the use of public domain work, sometimes labeled "copyfraud," have been the subject of much scholarly criticism. The Cornell initiative goes further than many other recent attempts to open access to public domain material by removing restrictions on both commercial and non-commercial use. Users of the public domain works are still expected to determine on their own that works are in the public domain where they live. They also must respect non-copyright rights, such as the rights of privacy, publicity, and trademark. The Library will continue to charge service fees associated with the reproduction of analog material or the provision of versions of files different than what is freely available on the Web. All library Web sites will be updated to reflect this new policy during 2009.

The new Cornell policy can be found at cdl.library.cornell.edu/guidelines.html.