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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...ympic Games.” The Supreme Court sees no First Amendment problem with this. 3 Margaret Mitchell’s estate fa- mously tried to use copyright to prevent G... ... a 220-page “critique of and reaction to” the world of Gone With the Wind by Margaret Mitchell. 35 Most crucially, perhaps, it was a version of Gone W... ...f appeals overturned the district court’s judgment. 38 Fifty-two years after Margaret Mitchell’s death, it was a hotly debated point how much leeway c... ...x the law in this area. When the case of Bridgeport Music, Inc. v. Dimension Films came up, they thought they had what they wanted. The band NWA had u... ... at http:// www.law.duke.edu/cspd/pdf/cspdproposal.pdf, and Access to Orphan Films: Submission to the Copyright Office—March 2005, available at http://... ...rty, 1800–1930 (Chapel Hill: University of North Carolina Press, forthcoming 2009). Of course, the history of copyright or of intellectual property ca... ... Music (Durham, N.C.: Center for the Study of the Public Domain, forthcoming 2009). Our ear- lier effort to make intellectual property accessible to fi... ...k: New York University Press, 2001). 22. Bridgeport Music, Inc. v. Dimension Films, 410 F .3d 792, 804n16 (6th Cir. 2005). 23. Walter Benjamin, “The W... ...ners Built a Digital Republic of Their Own (New York: New Press, forthcoming 2009). Niva Elkin-Koren offers a more critical view of Creative Commons i...

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