[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR120.11]

[Page 425]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 120_PURPOSE AND DEFINITIONS--Table of Contents
 
Sec. 120.11  Public domain.

    (a) Public domain means information which is published and which is 
generally accessible or available to the public:
    (1) Through sales at newsstands and bookstores;
    (2) Through subscriptions which are available without restriction to 
any individual who desires to obtain or purchase the published 
information;
    (3) Through second class mailing privileges granted by the U.S. 
Government;
    (4) At libraries open to the public or from which the public can 
obtain documents;
    (5) Through patents available at any patent office;
    (6) Through unlimited distribution at a conference, meeting, 
seminar, trade show or exhibition, generally accessible to the public, 
in the United States;
    (7) Through public release (i.e., unlimited distribution) in any 
form (e.g., not necessarily in published form) after approval by the 
cognizant U.S. government department or agency (see also Sec. 
125.4(b)(13) of this subchapter);
    (8) Through fundamental research in science and engineering at 
accredited institutions of higher learning in the U.S. where the 
resulting information is ordinarily published and shared broadly in the 
scientific community. Fundamental research is defined to mean basic and 
applied research in science and engineering where the resulting 
information is ordinarily published and shared broadly within the 
scientific community, as distinguished from research the results of 
which are restricted for proprietary reasons or specific U.S. Government 
access and dissemination controls. University research will not be 
considered fundamental research if:
    (i) The University or its researchers accept other restrictions on 
publication of scientific and technical information resulting from the 
project or activity, or
    (ii) The research is funded by the U.S. Government and specific 
access and dissemination controls protecting information resulting from 
the research are applicable.
    (b) [Reserved]

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