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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

... would prefer it to be in the public domain. Imagine that you want to make a documentary and use a film clip that a student filmmaker has put up on his ... ...the digital fence on a DVD in order to excerpt a small portion in a critical documentary, I would not be violating your copyright, but I would be viol... ...of the DVD playing on my television, and use that grainy, blurry image in my documentary criticizing the filmmaker. The DMCA would not be violated, tho... ...is song po- tentially infringes both of them. Readers who came of age in the 1980s might remember the music of Public Enemy and N.W.A.—a dense wall of... ...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... ... 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://... ...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...

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