Research
Enclosing the public domain: The restriction of public domain books in a digital environment
Type: Journal Article
Author
Alex Clark, Brenda Chawner
Description
This journal article reports the results of a survey of six online repositories in New Zealand, using a sample of 100 public domain books, illustrating the variety of access and usage restrictions placed on such works.
Date
2014 June 2
Abstract
The abstract provided by the author(s) of this work is as follows:
This paper explores restrictions that are being applied to New Zealand public domain books once they have been digitized and hosted online. The study assesses access and usage restrictions within six online repositories, using a sample of 100 pre–1890 New Zealand heritage books. The findings indicate that new restrictions are being applied to works no longer protected by copyright. Out of the 50 titles that had been digitized, only three were hosted by repositories that do not restrict any type of subsequent use. Furthermore, 48 percent (24) were subject to access restrictions. Copyright law’s delicate balance between public and private interests is being eroded by the prevalence of online terms and conditions, which invoke the doctrine of contract law in an attempt to restrict the public domain and opt–out of limitations upon copyright. Furthermore, ambiguity surrounding the copyright status of some books is encouraging digitizers to adopt restrictive access policies, even when a work is highly likely to be in the public domain. Unless clear rules of online curatorship are articulated within legislation, previously liberated public domain works are at risk of being restricted by online intermediaries.
Publisher
University of Illinois at Chicago University Library
Institution
University of Illinois Chicago
Journal Title
First Monday
Volume
19
Issue Number
6
ISSN
1396-0466
Jurisdiction
New Zealand, Worldwide
Language
ENG
Copyright Information
In Copyright
Cortex Citation:
Alex Clark and Brenda Chawner, “Enclosing the public domain: The restriction of public domain books in a digital environment,” Copyright Cortex, accessed October 18, 2026, https://copyright-cortex.org/research/enclosing-the-public-domain-the-restriction-of-public-domain-books-in-a-digital-environment.
Alex Clark and Brenda Chawner, “Enclosing the public domain: The restriction of public domain books in a digital environment,” Copyright Cortex, accessed October 18, 2026, https://copyright-cortex.org/research/enclosing-the-public-domain-the-restriction-of-public-domain-books-in-a-digital-environment.