Intellectual Property

Intellectual Property

The Many Faces of the Public Domain

Edited by Charlotte Waelde and Hector MacQueen

As technological progress marches on, so anxiety over the shape of the public domain is likely to continue if not increase. This collection helps to define the boundaries within which the debate over the shape of law and policy should take place.

Chapter 16: The Priorities, the Values, the Public

Charlotte Waelde

Subjects: law - academic, intellectual property law

Extract

Charlotte Waelde 1 Introduction Previous chapters have given insights into a selection of the public domain’s many faces. We have had discussion on historical development (Grosheide); ideas as to how we might visualise the boundaries between public and private spaces (Deazley); questions raised as to whether there is any right to the public domain (Cahir); examination of the public domain in the international sphere (Taubman); analysis of the interaction between the public domain and the public interest (Davies); discussion on categories of intellectual space (Macmillan), of making space (Howkins), of constructing space (Bainton) and of using space (Thompson); debates over the development of public spaces within a privatised system (La Manna,10 Susskind11) and of particular spaces (Gibson);12 Grosheide, F.W., ‘In Search of the Public Domain during the Prehistory of Copyright Law’, Chapter 1 (hereafter Grosheide). Deazley, R., ‘Copyright’s Public Domain’, Chapter 2 (hereafter Deazley). Cahir, J., ‘The Public Domain: Right or Liberty?’, Chapter 3 (hereafter Cahir). Taubman, A., ‘The Public Domain and International Intellectual Property Lay Treaties’, Chapter 4 (hereafter Taubman). Davies, G., ‘The Public Domain and the Public Interest’, Chapter 5 (hereafter Davies). Macmillan, F., ‘Altering the Contours of the Public Domain’, Chapter 6 (hereafter Macmillan). Howkins, J., ‘Creativity, Innovation and Intellectual Property: A New Approach for the 21st Century’, Chapter 7 (hereafter Howkins). Bainton, T., ‘The Public Domain and the Librarian’, Chapter 8 (hereafter Bainton). Thompson, B., ‘The Public Domain and the Creative Author’, Chapter 9 (hereafter Thompson). 10 La Manna, M.M.A., ‘The Public Domain...

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