Refers to a work that is available to the public as a whole and not subject to
intellectual property (copyright, trademark, or patent) restrictions. Although
anybody can use works in the public domain, and no permission is required for
use, nobody will ever have ownership. In addition to works with expired
copyrights, the public domain also consists of works that came into existence
before intellectual property laws existed, government works, and underlying
ideas that form the basis for the works that arise out of them. Along with the
fair use defense, the concept of public domain can help media professional
liability insureds mitigate exposures.