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Intellectual Property Law

2006

Public domain

Articles 1 - 2 of 2

Full-Text Articles in Law

Does Information Beget Information?, Dennis S. Karjala May 2006

Does Information Beget Information?, Dennis S. Karjala

ExpressO

Professor R. Polk Wagner has recently propounded a theory in the Columbia Law Review, purportedly based on a mathematical model, showing that open information grows exponentially with time and that, to the extent that creator control and incentives are correlated, greater control in the creator (author or inventor) results in a larger supply of open information in the long run than less control. While Professor Wagner’s assumptions are open to serious question, this article demonstrates that Professor Wagner’s model does not, even on the basis of his stated assumptions, lead to the result he claims for it. Rather, his results …


Copyright, Commodification, And Culture: Locating The Public Domain, Julie E. Cohen Jan 2006

Copyright, Commodification, And Culture: Locating The Public Domain, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The relationship between increased commodification and the public domain in copyright law is the subject of considerable controversy, both political and theoretical. The paper argues that beliefs about what legal definition the public domain requires depend crucially on implicit preconceptions about what a public domain is. When considered in broader historical context, the term public domain has a specific set of denotative and connotative meanings that constitute the artistic, intellectual, and informational public domain as a geographically separate place, portions of which are presumptively eligible for privatization. This idea meshes well with the current push toward commodification in copyright. The …