This single volume is an authoritative collection of scholarship examining many facets of the public domain. This publication collects key papers which examine the various justifications for a rich repository of publicly-available information, including policies favoring 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. With an original introduction by the editors, this insightful book provides 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.
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Includes index.
Formatted Contents Note
Introduction Part I: Defining the Public Domain 1. Recognizing the Public Domain 2. The Public Domain 3. Enriching Discourse on Public Domains Part II: Justifications for the Public Domain 4. Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain 5. The Place of the User in Copyright Law 6. A Property Right in Self Expression: Equality and Individualism in the Natural Law of Intellectual Property 7. Free(ing) Culture for Remix 8. The Competitive Mandate: From Sears to Lear Part III: Access to Information in the Public Domain 9. The Second Enclosure Movement and the Construction of the Public Domain 10. Access and the Public Domain 11. Property Rights Theory and the Commons: The Case of Scientific Research 12. Protecting the Public Domain of Science: Has the Time for an Experimental Use Defense Arrived? Part IV: Creating Within the Commons 13. The Creative Commons 14. Coase’s Penguin or, Linux and “The Nature of the Firm” 15. Protecting Open Innovation: The Defensive Patent License as a New Approach to Patent Threats, Transaction Costs, and Tactical Disarmament 16. Constructing Commons in the Cultural Environment Part V: Reflections on the Public Domain 17. A New Dynamism in the Public Domain 18. The Romance of the Public Domain Index