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Intellectual Property

Intellectual Property

The Many Faces of the Public Domain

Charlotte Waelde , Hector MacQueen

Edited by Charlotte Waelde, Chair in Intellectual Property Law and Head, Law School, University of Exeter and Hector MacQueen, University of Edinburgh, UK

2007 288 pp Hardback 978 1 84542 874 7
ebook isbn 978 1 84720 558 2

Hardback £83.00 on-line price £74.70


Available as an eBook for subscribing libraries on Elgaronline.

For individuals at paper price on Google ebooks and

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‘This book is filled with fascinating voices and perspectives on the public domain that will ensure that any reader will be challenged and forced to think (and possibly argue) with a dedicated group of thinkers. . . an important and learned collection that should be read by a large group of people. . . an important book on the public domain.’
– Mathias Klang, Scripted

Contributors: T. Bainton, A. Bruce, J. Cahir, G. Davies, R. Deazley, G. Dutfield, J. Gibson, F.W. Grosheide, J. Howkins, M.M.A. La Manna, F. Macmillan, H. MacQueen, S. Mayer, R. Susskind OBE, A. Taubman, B. Thompson, C. Waelde, H. Wallace

Further information

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.

From historical analysis to discussion of contemporary developments, the importance of the public domain in its cultural and scientific contexts is explored by lawyers, scientists, economists, librarians, journalists and entrepreneurs. The contributions will both deepen and enliven the reader’s understanding of the public domain in its many guises, and will also serve to highlight the public domain’s key role in innovation.

This book will appeal not only to students and researchers coming from a variety of fields, but also to policymakers in the IP field and those more generally interested in the public domain, as well as those more directly involved in the current movements towards open access, open science and open source.

Full table of contents


Introduction: The Many Faces of the Public Domain
Hector MacQueen and Charlotte Waelde

1. In Search of the Public Domain during the Prehistory of Copyright Law
F. Willem Grosheide

2. Copyright’s Public Domain
Ronan Deazley

3. The Public Domain: Right or Liberty?
John Cahir

4. The Public Domain and International Intellectual Property Law Treaties
Antony Taubman

5. The Public Interest in the Public Domain
Gillian Davies

6. Altering the Contours of the Public Domain
Fiona Macmillan

7. Creativity, Innovation and Intellectual Property: A New Approach for the 21st Century
John Howkins

8. The Public Domain and the Librarian
Toby Bainton

9. The Public Domain and the Creative Author
Bill Thompson

10. The Public Domain and the Economist
Manfredi M.A. La Manna

11. The Public Domain and Public Sector Information
Richard Susskind OBE

12. Audiences in Tradition: Traditional Knowledge and the Public Domain
Johanna Gibson

13. Scientific Research Agendas: Controlled and Shaped by the Scope of Patentability
Helen Wallace and Sue Mayer

14. The Public Domain: Ideology vs. Interest
Ann Bruce

15. A Rights-Free World – Is it Workable, and What is the Point?
Graham Dutfield

16. The Priorities, the Values, the Public
Charlotte Waelde


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