The Impact of Copyright Law and Other Ownership Mechanisms on the Freedom of Inquiry: Infringements on the Public Domain

2006 ◽  
Vol 15 (1) ◽  
pp. 47-59
Author(s):  
Tomas Lipinski ◽  
Elizabeth Buchanan
Keyword(s):  
Public Domain ◽  
Copyright Law ◽  
The Public ◽  
The Impact

scholarly journals Globalization, Knowledge Economy and the implication for Indigenous Knowledge

2007 ◽  
Vol 7 ◽  
pp. 55-62
Author(s):  
Kgomotso H Moahi
Keyword(s):  
Indigenous Knowledge ◽  
Knowledge Economy ◽  
Political Power ◽  
Developed Countries ◽  
Public Domain ◽  
The Public ◽  
The World ◽  
The Developed Countries ◽  
The Impact ◽  
Flow Of Information

This paper considers the impact that globalization and the knowledge economy have on the protection and promotion of indigenous knowledge. It is asserted that globalization and the knowledge economy have opened up the world and facilitated the flow of information and knowledge. However, the flow of knowledge has been governed by uneven economic and political power between the developed countries and the devel-oping countries. This has a number of ramifications for IK. The dilemma faced is that whichever method is taken to protect IK (IPR regimes, documenting IK etc) exposes IK to some misappropriation. Protecting it through IPR is also fraught with problems. Documenting IK exposes IK to the public domain and makes it that much easier to be misused. However, not protecting IK runs the danger of having it disappear as the custodians holding it die off, or as communities become swamped by the effects of globalization. The conclu-sion therefore is that governments have to take more interest in protecting, promoting and using IK than they have been doing.

Creative Choices: Changes to Australian Copyright Law and the Future of the Public Domain

2005 ◽  
Vol 114 (1) ◽  
pp. 71-82 ◽  
Author(s):  
Christopher Moore
Keyword(s):  
Free Trade Agreement ◽  
Potential Role ◽  
Current Model ◽  
Trade Agreement ◽  
Public Domain ◽  
Copyright Law ◽  
The Public ◽  
Creative Commons ◽  
Extended Duration

Changes to Australian copyright law introduced under the Australia–United States Free Trade Agreement will diminish the public domain, criminalise common copyright infringing practices and locally introduce significant portions of the controversial 1998 American Digital Millennium Copyright Act. This paper examines these imminent changes to Australian copyright law, with specific attention to the potential effects of the extended duration of copyright protection and the introduction of technological anti-circumvention measures. It argues that public domain-enhancing activities are crucial for sustaining cultural creativity and technological innovation, and discusses the potential role of the Creative Commons movement in establishing economically viable and legal alternatives to the current model of trade-oriented copyright reform.

Danger Ahead? The Impact of Fear of Crime on People's Recreational Use of Nonmotorised Shared-Use Routes

10.1068/c24m ◽  
2002 ◽  
Vol 20 (5) ◽  
pp. 741-756 ◽  
Author(s):  
Neil Ravenscroft ◽  
David Uzzell ◽  
Rachel Leach
Keyword(s):  
Focus Groups ◽  
Fear Of Crime ◽  
Systemic Reaction ◽  
Public Domain ◽  
The Public ◽  
The Impact ◽  
Recreational Use

In this paper we discuss the incidence of actual and perceived victimisation in people's recreational use of nonmotorised shared-use routes. Using the findings from eight focus groups, we show that, despite encountering very few conflictual situations when on shared-use routes, the fear of accidents and assaults has a significant impact on some people in some environments. The findings lend support to broader theorisations about people's insecurity when outside the home, where fear is an increasingly systemic reaction to the ways in which understandings of the public domain are shifting.

scholarly journals Property on the Line: Life on the Frontier between Copyright and the Public Domain

2013 ◽  
Vol 44 (1) ◽  
pp. 1
Author(s):  
Graeme W Austin
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Public Domain ◽  
Copyright Law ◽  
Human Rights Law ◽  
Line Life ◽  
The Public ◽  
Inaugural Lecture ◽  
Creativity And Innovation ◽  
The Relationship

This article is an edited transcript of Professor Graeme W Austin's Inaugural Lecture, delivered in the Council Chamber of Victoria University of Wellington on 15 November 2012. Professor Austin was appointed Chair in Private Law in the Faculty of Law in November 2010. This lecture explores claims that in copyright law, the public domain is necessarily in opposition to proprietary rights, and suggests that in many contexts the incentives offered by copyright contribute to the vibrancy and volume of material that is available for downstream creativity and innovation. Drawing on his earlier work on the relationship between human rights law and intellectual property, Professor Austin's lecture advances the idea that cognisance of the human rights dimensions of intellectual property, including creators' human rights, should inform our understanding of the appropriate scope of the rights of copyright owners. The lecture concludes with a warning against the "Walmartization" of copyright.

Theoretical and Philosophical Foundations

2014 ◽  
pp. 33-56
Keyword(s):  
Public Sphere ◽  
Public Domain ◽  
Copyright Law ◽  
Natural Rights ◽  
Moral Rights ◽  
The Public ◽  
Philosophical Foundations ◽  
Public Benefit ◽  
Utilitarian Approach ◽  
The Public Sphere

This chapter deals with the theoretical foundation of copyright law and considers the various philosophical theories in this regard. The link between copyright law and the philosophical ideals that underpin its theory and interpretation is noted and considered within the ambits of the public sphere as proposed by Habermas (1974, p. 49). The discussion also includes an explanation of the public domain and focuses on the following theories in particular: the utilitarian approach, the public benefit theory, the natural rights theory, and the moral rights theory. The chapter concludes by comparing the theories and noting their alignment and differences.

The Shock of the “New World”

Super Bomb ◽  
2020 ◽  
pp. 18-39
Author(s):  
Ken Young ◽  
Warner R. Schilling
Keyword(s):  
New World ◽  
Atomic Bomb ◽  
Public Domain ◽  
Fissionable Material ◽  
Nuclear Threat ◽  
Atomic Weapons ◽  
The Public ◽  
Bomb Test ◽  
The Impact ◽  
The U.S

This chapter is an account of the impact on U.S. thinking and policy of the first Soviet atomic bomb test. It ended the U.S. monopoly of atomic weapons—a development that some had foreseen and others had discounted as a possibility. An atomic Russia triggered fears of a “bolt from the blue” assault on U.S. cities. One reaction was to seek to prioritize U.S. air defenses. Another was to confirm the program agreed to that summer to accelerate the production of fissionable material for atomic bombs. The surge of anxiety also brought hitherto obscure speculations about thermonuclear physics into the public domain. It seemed apparent to some that the Soviet nuclear threat should be countered not by a multiplication of atomic bombs but by an American “superbomb.”

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