The Diminishing Public Domain with Regard to the Copyright in the Digital Age

Abstract

This work begins with a crude observation of copyright developments and focuses on discussing the recent expansion movement of copyright regime in response to the digital age. Then in the next chapter, I will begin to discuss the meaning and the importance of the public domain in the copyright regime. While arguing a positive definition of the public domain is needed, the attempt to recognize and emphasize its importance is also urgent. My conclusion is that, the diminishing public domain in the name of fighting the digital technology is not justified, particularly when considering the very purpose of the existence of the copyright regime is to ensure that a good balance is struck between the public and private interests. Finally, following the opinions formed in the previous chapters, if the expansion of copyright is not a panacea to cure the digital syndrome, what should we do when facing the ferocious digital revolution? I will give a brief introduction on the current technological and legal solutions, and conclude that there is no conflict between the usage of the law and technology.