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Duke Law

2003

Articles 1 - 13 of 13

Full-Text Articles in Law

Romans, Roads, And Romantic Creators: Traditions Of Public Property In The Information Age , Carol M. Rose Apr 2003

Romans, Roads, And Romantic Creators: Traditions Of Public Property In The Information Age , Carol M. Rose

Law and Contemporary Problems

No abstract provided.


Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne Apr 2003

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Law and Contemporary Problems

No abstract provided.


The Second Enclosure Movement And The Construction Of The Public Domain, James Boyle Apr 2003

The Second Enclosure Movement And The Construction Of The Public Domain, James Boyle

Law and Contemporary Problems

No abstract provided.


A Contractually Reconstructed Research Commons For Scientific Data In A Highly Protectionist Intellectual Property Environment, J. H. Reichman, Paul F. Uhlir Apr 2003

A Contractually Reconstructed Research Commons For Scientific Data In A Highly Protectionist Intellectual Property Environment, J. H. Reichman, Paul F. Uhlir

Law and Contemporary Problems

No abstract provided.


“Fairest Of Them All” And Other Fairy Tales Of Fair Use, David Nimmer Apr 2003

“Fairest Of Them All” And Other Fairy Tales Of Fair Use, David Nimmer

Law and Contemporary Problems

No abstract provided.


Nine-Tenths Of The Law: The English Copyright Debates And The Rhetoric Of The Public Domain , Mark Rose Apr 2003

Nine-Tenths Of The Law: The English Copyright Debates And The Rhetoric Of The Public Domain , Mark Rose

Law and Contemporary Problems

No abstract provided.


Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom Apr 2003

Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom

Law and Contemporary Problems

No abstract provided.


Through The Looking Glass: Alice And The Constitutional Foundations Of The Public Domain , Yochai Benkler Apr 2003

Through The Looking Glass: Alice And The Constitutional Foundations Of The Public Domain , Yochai Benkler

Law and Contemporary Problems

No abstract provided.


Mapping The Digital Public Domain: Threats And Opportunities, Pamela Samuelson Apr 2003

Mapping The Digital Public Domain: Threats And Opportunities, Pamela Samuelson

Law and Contemporary Problems

No abstract provided.


Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg Apr 2003

Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg

Law and Contemporary Problems

No abstract provided.


Foreword: The Opposite Of Property?, James Boyle Apr 2003

Foreword: The Opposite Of Property?, James Boyle

Law and Contemporary Problems

In November of 2001, Duke University School of Law held a conference on the public domain; the "outside" of the intellectual property system, the material that is free for all to use and to build upon.1 So far as we could tell, this was the first conference on the subject, which is surprising when one realizes the central role of the public domain in our traditions of speech, innovation and culture. In many ways, this imbalance-the hundreds of conferences, centers and initiatives that have intellectual property as their focus, and the comparative dearth of attention on the public domain-provided the …


Reimagining The Public Domain, David Lange Apr 2003

Reimagining The Public Domain, David Lange

Law and Contemporary Problems

In a paper included among this collection of works from the Duke Law School’s Conference on the Public Domain, James Boyle kindly credits an early essay of mine, Recognizing the Public Domain, with having contributed initially to the contemporary study of the subject. Boyle quotes a passage from that essay in which I suggested that "recognition of new intellectual property interests should be offset today by equally deliberate recognition of individual rights in the public domain . . . . Each [intellectual property] right ought to be marked off clearly against the public domain."


Two Relationships To A Cultural Public Domain Apr 2003

Two Relationships To A Cultural Public Domain

Law and Contemporary Problems

It's been well over ten years since Negativland was sued by Island Records for supposed copyright infringement, trademark infringement, defamation of character and consumer fraud contained in our 1991 U2 single. In the big wide world of the ownership of ideas, a lot has changed since then-the advent of the Internet and its worldwide empowerment of individuals through personalized interconnection, the effects of economic globalization and how it bypasses both the ideologies of local governments and the rule of their national laws, and the Digital Millennium Copyright Act with which intellectual property owners are attempting to survive as all these …