Graham Greenleaf and David Lindsay: Public Rights – Copyright’s Public Domains
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The public domain has been a recurring topic in intellectual property debates since the 1990s. Academic and political interest in the legal status of information/knowledge that is not subject to exclusive intellectual property rights (IPRs) can be understood as a counterreaction to the accelerated, “neoliberal” expansion of IPRs after the fall of the Berlin Wall, exemplified in particular by the 1994 TRIPS Agreement and the 1996 WIPO Copyright Treaties. Attention to the public domain reached its peak on the occasion of an extension of the U.S. copyright term in 1998, which eventually resulted in two SCOTUS decisions (Eldred v. Ashcroft 2003 and Golan v. Holder 2012). Public domain scholarship initially focused on the definition and concept of the public domain. Later contributions addressed the economics of the public domain (in particular works by Paul Heald), and its doctrinal status in current law.
Public Rights – Copyright’s Public Domainsby Greenleaf and Lindsay, two Australian...