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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...s? Even the ones they claim to have been dictated by gods or aliens? Even if American copyright law requires “an author,” presumably a human one? 9 Ca... ...r the films of the Second World War, or footage on the daily lives of African-Americans during segregation, or the music of the Great Depression, or th... ...hey were successful. 36 As Yochai Benkler puts it, Alice Randall, an African American woman, was ordered by a government official not to publish her cr... ...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... ...d. To appropriate a phrase from Carol Rose, open source teaches us about the comedy of the commons, a way of arranging markets and production that we,... ... 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://... ...e Action (Cambridge: Cambridge University Press, 1990), and Carol Rose, “The Comedy of the Commons: Custom, Com- merce, and Inherently Public Property... ...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... ...ia Law Library Music Plagiarism Project. See Copyright Infringement Project. comedy of the commons. See commons, comedy of the. U.S. Commerce Departme...

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