10 - Non-Infringing Uses of Protected Works

Summary

This chapter explains and analyses categories of national public domains that consist of uses of works where the works are protected by copyright, but uses are permissible because they do not infringe. We refer to these uses as public domain uses. The chapter engages in comparative analysis of: uses of works that fall outside of the copyright exclusive rights; non-infringing uses of insubstantial parts of copyright works; and the principle that copyright does not protect ideas or facts (the ‘idea/expression dichotomy’). In order to explain the first of these categories – works outside of exclusive rights – each of the main copyright exclusive rights is identified and explained.