Intellectual property and the public domain / edited by Robert P. Merges, Wilson Sonsini Goodrich and Rosati Professor of Law and Technology, and Co-Director, Berkeley Center for Law and Technology, University of California, Berkeley, USA; and Amy L. Landers, Professor of Law and Director of the Intellectual Property Concentration, Drexel University Thomas R. Kline School of Law, USA.
Includes bibliographical references (pages vii-viii).
Contents:
Recognizing the public domain / David Lange -- The public domain / Jessica Litman -- Enriching discourse on public domains / Pamela Samuelson -- Free as the air to commonuse : First Amendment constraints on enclosure of the public domain / Yochai Benkler -- The place of the user in copyright law / Julie E. Cohen -- A property right in self-expression : equality and individualism in the natural law of intellectual property / Wendy J. Gordon -- Free(ing) culture for remix / Lawrence Lessig -- The competitive mandate : from Sears to Lear / Paul Goldstein -- The second enclosure movement and the construction of the public domain / James Boyle -- Access and the public domain / Randal C. Picker -- Property rights theory and the commons : the case of scientific research / Robert P. Merges -- Protecting the public domain of science : has the time for an experimental use defense arrived / Rochelle Dreyfuss The creative commons / Lawrence Lessig -- Coase's Penguin, or, Linux and the nature of the firm / Yochai Benkler -- Protecting open innovation : the defensive patent license as a new approach to innovation : the defensive patent license as a new approach to patent threats, transaction costs, and tactical disarmament / Jason Schultz and Jennifer M. Urban -- Constructing commons in the cultural environment / Michael J. Madison, Brett M. Frischmann and Katherine J. Stranburg -- A new dynamism in the public domain / Robert P. Merges -- The romance of the public domain / Anupam Chander and Madhavi Sunder.
Summary:
This research review examines the many facets of the public domain. It discusses key papers, whose topic is the various justifications for a rich repository of publicly-avaliable information, including policies favouring robust competition, free speech, and scientific and technological advance. It also explores problems in ensuring access to public domain works, as well as commons management mechanisms. Perspectives on the dynamic between the public domain and the creation of new works are also presented. This research review is an insightful resource for students and researchers with a consideration of the public domain as an important topic in its own right as well as shedding light on the underlying rationales of intellectual property law.
Series:
Critical concepts in intellectual property law ; 15
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.