The value of the public domain is a complex variable made up of many components. It is a source of value in both economic and social terms. In addition, value can be extracted from the structural and the functional aspects of the public domain. The contribution of the public domain can be assessed in positive or negative terms by estimating the economic and social loss of enclosure and commodification. The positive value of the public domain can be the effect of direct use, indirect use or reuse of public domain works, the application of public domain business models, its market efficiency or, again, its democratic function. In any event, social and economic value is always very much tangled up in the assessment of the riches of the public domain.
As per the value of a work entering into the public domain or public domain effect, the revenue value is to be distinguished from the social value, as the economic utility generated for society.[1] If, after entering into the public domain, a work is sold for €5 instead of the €10 charged previously, the social value of the work entering into the public domain will be €5. In addition, the social value of a work entering into the public domain will also include the deadweight loss of restricting access to a good that is spared to society. Finally, the assessment of the value of a work entering into the public domain must also take into account the value of reuse. Reducing the public domain or retarding the entrance of a work into the public domain shall deprive the community of the correspondent social value of developing derivative works or invention from the original cultural artefact. The value of reuse is a dynamic value that boosts society both economically and culturally.
Practice is often more explanatory than theory. A few examples may help to pinpoint the value of the “public domain effect”, the entrance of a work into the public domain, and other social and economic values that can be extracted from the public domain. In 2010, the works of Sigmund Freud entered the public domain in Italy. This event propelled the publication of 36 works by Freud in the first nine months of 2010 by ten publishers. This is an astonishing figure if compared with the previous years: from 1999 to 2009, only 16 works by Freud were published in Italy.[2]
Secondly, 2007 saw the end of the copyright protection of the works of Louis Vierne, a renowned French organist and composer. Upon expiration
of Vierne’s copyright, new editions of Vierne’s works finally corrected
