Society For Human Resource Management (SHRM) Certified Professional Practice Exam

What differentiates a public domain rule from fair use?

1. Public domain works are cheaper

2. Public domain works can be owned privately

3. Critical reasoning is vital for identifying certain terms

4. Public domains are available to the public

The correct answer is: Public domains are available to the public

The distinction between public domain rules and fair use primarily hinges on accessibility and ownership. Public domain works are those that are free for use by anyone without requiring permission or payment, as they are not owned by anyone and are available to the public. This means that once a work enters the public domain, it can be used, modified, and distributed by anyone for any purpose, including commercial use, without the need for consent from the original creator. In contrast, fair use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright owner under specific circumstances, such as criticism, comment, news reporting, teaching, scholarship, or research. Fair use guidelines often require a case-by-case analysis that considers various factors, like the purpose of use and the amount of the work used, which adds complexity to its application. Thus, the statement that public domains are available to the public accurately captures the essence of public domain works and marks the key difference from fair use, where the use of content is still subject to certain restrictions and considerations based on copyright.