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The Public Domain: Enclosing the Commons of the Mind

By James Boyle
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About This Book

A critique frames contemporary battles over intellectual property as an enclosure movement that threatens the public domain and the shared cultural and scientific resources that enable creativity. It explains how expanding patent and copyright scope, lengthening terms, and digital access controls can restrict free expression, remixing, and innovation, using examples from patents to music sampling, gene claims, file sharing, and synthetic biology. The author surveys legal doctrine, policy debates, and practical consequences, argues for greater civic understanding, and advocates policy reforms and commons-friendly tools to preserve open access to knowledge and culture.

About the Author

Boyle, James portrait

James Boyle

James Boyle is a prominent legal scholar and professor known for his work on intellectual property and the public domain. He is particularly recognized for his influential book, "The Public Domain: Enclosing the Commons of the Mind," which explores the implications of copyright and the importance of maintaining a shared cultural and intellectual space. Boyle's writings contribute significantly to the discourse on how laws affect creativity and innovation, advocating for a balance between protecting creators' rights and ensuring public access to knowledge. His insights have made him a key figure in discussions surrounding digital rights and the future of information sharing.

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