Center News

Public Domain Day 2018

Public Domain Day: January 1, 2018
The Center marks Public Domain Day—when thousands of works enter the public domain around the world—with a celebration of what won’t be entering the public domain in the US.

Theft: A History of Music The Center for the Study of the Public Domain is proud to announce the publication of Theft! A History of Music.
The book is a graphic novel (aka "comic book")  laying out a 2000 year history of musical borrowing from Plato to rap. The comic, by James Boyle, Jennifer Jenkins and the late Keith Aoki is available as a handsome 8.5 x 11″ paperback, and for free download under a Creative Commons license.

Listen to co-author James Boyle discuss the comic on NPR’s The State of Things.

Read what people are saying about the book: boing boing, DukeToday, Indy Weekly, Chronicle.

Prof. Jennifer Jenkins Reversing the Erosion of the Public Domain?
Center Director Jennifer Jenkins reveals the promise and the limits of various attempts to reverse the erosion of the public domain in In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day.

Cover of Intellectual Property: Law & the Information Society: Cases and Materials, Third Edition, and link to purchase at Amazon.comIntellectual Property: Law & the Information Society - Cases and Materials (3d Edition 2016)
The Center announces the publication of the third edition of an Open Coursebook, Intellectual Property: Law & the Information Society - Cases and Materials. The book is an introduction to U.S. intellectual property law written and edited by the Center's Faculty Co-Director James Boyle and the Center's Director Jennifer Jenkins and is available for free download or in a low cost print edition. » Read more

Prof. Jennifer JenkinsIs We Shall Overcome in the public domain?
Center Director Jennifer Jenkins talks about copyright term and orphan works in a USA Today column discussing the suit to establish that We Shall Overcome is in the public domain, and highlighting the Center's websites about what could have been in the public domain. » USA Today UPDATE—court holds that key parts of We Shall Overcome are in the public domain.

ConsumeristFair use education
Professor Jennifer Jenkins, Center Director, discusses the need for balance in educational programs on copyright and fair use for Consumerist. » Read more

Polish translation of Bound By Law? now available
Professor Ewa Ferenc-Szydełko and her students at the Opole University Faculty of Law and Administration have completed a translation of the Center's graphic novel Tales from the Public Domain: Bound By Law?. The Center is honored to share their great work. » Przeczytaj komiks [Read the comic], internecie lub PDF

Quartz ("Films are literally rotting in their cans"
Professor Jennifer Jenkins, Center Director, comments on American copyright law and Public Domain Day for Quartz. » Read more

Arti RaiAriosa Diagnostics v. Sequenom
Faculty Co-Director Arti Rai discusses the possible effects of the Federal Circuit's ruling in this patent case. A three-judge panel invalidated Sequenom's patent in June and the court recently denied the company's petition for reconsideration en banc review. » Read more

The New York Times' The UpshotBiologics and barriers to entry for new manufacturers
A forthcoming article by Faculty Co-Director Arti Rai and co-author W. Nicholson Price is quoted in The New York Times's The Upshot article on drug pricing. » Read more

Modern HealthcareRai comments on proposed trade deal
Faculty Co-Director Arti Rai discusses the recently announced Trans-Pacific Partnership and its potential effects on pharmaceutical patents and access to medicine. » Read more

Fast CompanyNo copyright in lyrics to ‘Happy Birthday’
Center Director Jennifer Jenkins comments on Marya v. Warner/Chappell Music, Inc., 2015 WL 5568497 (2015), and Judge George H. King's decision (available here via the Internet Archive) that Warner/Chappell Music did not hold a valid copyright in the lyrics to the song. » FastCompany

ThinkProgress.comRai comments on how new rules will have little impact on curbing patent trolling
Faculty Co-Director Arti Rai discusses recent U.S. Patent and Trademark Office rules affecting patent eligibility standards. » Read more

U.S. Capitol dome and flagSenators propose patent reform
Faculty Co-Director Arti Rai discusses the recently introduced Protecting American Talent and Entrepreneurship Act (PATENT Act) with Scott Drake of Legal Broadcast Network.

Science (AAAS magazine) logo"Universities are more often on the giving end . . . of the legal threats"
Faculty Co-Director Arti Rai comments for ScienceInsider on the Innovation Act (H.R. 9) introduced in the House of Representatives this year and the legislation's potential effects on universities.” » more

bio-similars illustrationAre trade secrets delaying biosimilars?
Faculty Co-Director Arti Rai and Prof. W. Nicholson Price II co-author an article examining the effect of trade secrets on the cost of cutting-edge medications in Science.

Blurred LinesThe “Blurred Lines” of the Law
CSPD Director Jennifer Jenkins discusses the recent jury verdict in the copyright infringement case involving the song “Blurred Lines.” » more

College & Research Libraries NewsLast sale? Libraries' rights in the digital age
Professor Jennifer Jenkins, Center Director, discusses the current state of the law regarding lending digital assets such as e-books and how it affects libraries in an article for the Association of College & Research Libraries. » College & Research Libraries News

James BoyleWhat Could Have Entered the Public Domain
CSPD Faculty Co-Director James Boyle discusses the public domain and the effect that congressional extension of copyright terms has had on it with host Frank Stasio on WUNC-FM’s The State of Things.

Dr. Martin Luther King, Jr.I Have a Copyright: The Problem with MLK's Speech
Professor Jennifer Jenkins, Center Director, comments on the copyright status of Dr. Martin Luther King, Jr.'s 1963 "I Have a Dream" speech in Mother Jones magazine. Prof. Jenkins also comments for USA Today on the recently decided case involving the sale of some of Dr. King's papers by his former assistant.

Huffington Post(EM)I Has a Dream
CSPD Faculty Co-Director James Boyle discusses the copyright issues surrounding Dr. Martin Luther King, Jr.'s 1963 "I Have a Dream" speech and other vital cultural events in a column for Huffington Post. He also discusses his column and the issues with HuffPost Live TV.

Seal of the Administrative Conference of the United StatesAdministrative Conference Appoints New Members
Faculty Co-Director Arti Rai has been appointed to the Administrative Conference of the United States. » Read more

Six Duke Law journals move to digitial-only formatSix Duke Law journals move to digital-only format
Richard Danner, Senior Associate Dean for Information Services at Duke Law School, calls the move to digital-only publication a natural next-step in the university's long-standing commitment to open access for scholarly works. » Read more

The New York TimesRai comments on "patent troll" lawsuits
Faculty Co-Director Arti Rai comments on Obama administration plans to crack down on 'patent trolls' in an article in The New York Times.

The New York TimesCourt Ruling Takes a Stand on Essential High-Tech Patents
Faculty Co-Director Arti Rai comments on the U.S. District Court's ruling in Microsoft v. Motorola for The New York Times.

The EconomistReselling media content: Seconds to go
Faculty Co-Director Arti Rai comments on the U.S. Supreme Court's ruling in Kirtsaeng v. John Wiley & Sons for The Economist.

American Law Institute logoRai elected to ALI
Faculty Co-Director Arti Rai is one of three Duke Law School faculty recently elected to the American Law Institute. » Read more

The EconomistWho owns Sherlock Holmes?
CSPD Director Jennifer Jenkins comments on Leslie Klinger's lawsuit against the heirs of Sir Arthur Conan Doyle who are trying to collect license fees for Mr. Klinger's series of new Sherlock Holmes-inspired stories. » The Economist

The Denver PostInventors still feel squeezed, despite patent reforms
Faculty Co-Director Arti Rai comments on efforts to curb patent trolling for the Denver Post.

News & Observer (Raleigh, NC)ABBA says 'Nej!' to Wake SPCA's viral adoption video
CSPD Director Jennifer Jenkins Jenkins comments on unlikely copyright battle between Wake SPCA and ABBA. » The News & Observer

SCOTUSblogPatentable subject matter at the Supreme Court: An exceptional case?
Faculty Co-Director Arti Rai discusses Association for Molecular Pathology v. Myriad Genetics in advance of oral arguments at the U.S. Supreme Court. SCOTUSblog

On The MediaBarely Any U.S. Culture will Enter the Public Domain this Year
CSPD Faculty Co-Director James Boyle discusses copyright term and the public domain on NPR’s On the Media.

Joan Baez Bob DylanWhy There Are Only 100 Copies of the New Bob Dylan Record
CSPD Faculty Co-Director James Boyle discusses the recent copyright term extension in Europe for sound recordings. » NPR

The EconomistPublic Domain: Access Denied
CSPD Faculty Co-Director James Boyle and CSPD Director Jennifer Jenkins discuss public domain day with The Economist.

Huffington PostPublic by Sufferance Alone: The Worst of 2012
CSPD Faculty Co-Director James Boyle and CSPD Director Jennifer Jenkins discuss the Supreme Court’s 2012 decision in Golan v. Holder and its effect on the public domain. » read the article

The EconomistThe Politics of Internet Activism
CSPD Faculty Co-Director James Boyle is featured in a new article from The Economist entitled "Everything is connected: Can internet activism turn into a real political movement?"  » read the article

Wired (magazine)Let's Tame Software Patent Claims: Lessons From Bioinformatics
Faculty Co-Director Arti Rai discusses possible ways to limit patent claims for software in an opinion piece in Wired magazine.

The New York TimesU.S. Disavows Patent at Center of Apple-Samsung Dispute
Faculty Co-Director Arti Rai comments on the potential effect of new USPTO rules in patent litigation. » New York Times

The New York TimesSuit Challenging Patent Law Faces Long Odds
Faculty Co-Director Arti Rai comments on inventor's suit seeking to challenge constitutionality of the America Invents Act. » New York Times

Princeton Center on Information Technology PolicyPatent Success or Failure? The America Invents Act and Beyond
Faculty Co-Director Arti Rai was a panelist at a Princeton University Center for Information Technology Policy program looking at the AIA. » more

Communia Thematic Network COMMUNIA Releases Final Report
The Center was a member of COMMUNIA: The European Thematic Network on the Digital Public Domain, developing analyses and policy recommendations on public domain issues in Europe and beyond. Click to read COMMUNIA's final report or a new book detailing some of COMMUNIA's projects and initiatives

Keith AokiIn Memoriam: Professor Keith Aoki
It is with great sadness that we note the death of Keith Aoki, Professor of Law at UC Davis Law School, and long-time collaborator with the Center. Prof. Aoki combined many different talents: scholar, artist, musician, mentor, father, husband, gentleness, humor, and so much more. Describing Prof. Aoki's contributions to the Center is difficult to do in a small space, but Prof. James Boyle, Faculty Co-Director, shares a marvelous tribute to Prof. Aoki and Prof. Jennifer Jenkins, Director, offers her own personal remembrance.

Brookings Institution ReportEndowed by Their Creator?: The Future of Constitutional Personhood
Faculty Co-Director James Boyle examines how constitutional law should meet the challenges posed by artificially created entities. » Brookings Institution

Financial TimesFaculty Co-Director James Boyle responds to recent NY Times op-ed on copyright
Prof. Boyle discusses the arguments made by Scott Turow, Paul Aiken and James Shapiro in "Would the Bard Have Survived the Web?" and the perils of extending government power to shut down websites suspected of infringing copyright. » Financial Times

Roundtable on Federal Government Engagement in Standards
Faculty Co-Director Arti Rai was a panelist at this January 2011 Department of Commerce/White House program exploring the role of standards in achieving national priorities. » View the video

Indigendous/Traditional Knowledge & Intellectual Property PDFIndigenous/Traditional Knowledge and Intellectual Property
The Center is pleased to announce the release of a new policy guide on indigenous and traditional knowledge, prepared by scholar Dr. Jane Anderson. This paper offers an analysis of the wide range of proposals for protecting indigenous knowledge, along with illustrative examples, in order to assist policymakers and citizens navigating this complex field. » Read the paper

The Public Domain The Public Domain: Enclosing the Commons of the Mind
Faculty Co-Director James Boyle's book, recently named American Society for Information Science and Technology Book of the Year for 2009, explores the importance of the public domain to music, culture, science, and economic welfare and explains what we must do to protect it. Prof. Boyle discusses the book on BBC's In Business, NPR, North Carolina Public Radio, Connecticut Public Radio, and BBC's Thinking Allowed. In addition to the ASIST honor, The Public Domain received the 2008 McGannon Award from Fordham University's Donald McGannon Communication Research Center. Visit the book's web site to read the book online, check the reviews, and more; or buy the book.

Multilingual Educational Resources about Intellectual Property Multilingual Educational Resources about Intellectual Property and the Public Domain
Find Chinese, French, Portuguese and Spanish translations of educational resources created for the Center to promote greater awareness and understanding about IP and the public domain. Visit the site.

IP and Synthetic Biology IP and Synthetic Biology
Read Faculty Co-Director Arti Rai's seminal articles about intellectual property and "synthetic biology" - the attempt to construct new biological functions and systems, starting at the genetic level: Synthetic Biology: The Intellectual Property Puzzle (with Sapna Kumar) and Synthetic Biology: Caught Between Property Rights, the Public Domain, and the Commons (with James Boyle). Here Professor Rai's recent lecture on The Paradigm Shift of Synthetic Biology: Tensions Between Innovation and Security given at the University of Minnesota [ more information ].

 7 Ways To Ruin A Technological Revolution
If you wanted to undermine the technological revolution of the last 30 years, using the law, how would you do it? Faculty Co-Director James Boyle provides answers at a Google Tech Talk. View the webcast

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Faculty Scholarship

James Boyle

David Lange

Arti Rai

Jerome H. Reichman