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Conclusion

Donald Maurice

in Bartók's Viola Concerto: The Remarkable Story of His Swansong

This chapter summarizes the contents of the book and attention is drawn to the appendixes in the book, which introduce many documents and correspondence previously unavailable in the public domain. ... More

This chapter summarizes the contents of the book and attention is drawn to the appendixes in the book, which introduce many documents and correspondence previously unavailable in the public domain. The issue of authenticity is addressed and it is suggested that in the future research in this study may assist a worthy craftsperson to produce a more authentic Bartók Viola Concerto, when the restrictions of copyright will allow the freedom of musical expression. It would require a composer thoroughly steeped in Bartók's compositional style and technique, who would dare to add both vertically and horizontally, to recompose, to revise, and to continue to refine the texture and orchestration until the result was consistently representative of Bartók at the height of his creative powers.Less

Epilogue

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

This epilogue provides a glimpse into the history of property rights and the fate of the idea of public property during the Soviet period. Quite characteristically, the idea of a public domain was ... More

This epilogue provides a glimpse into the history of property rights and the fate of the idea of public property during the Soviet period. Quite characteristically, the idea of a public domain was rejected in 1917 and then enjoyed a short revival in the 1920s. Eventually, it proved to be incompatible with the socialist order. However, although they were inherently adverse to socialism, prerevolutionary projects to create a public domain very much anticipated the reforms later conducted by the Bolshevik government, including the expropriation of publicly important resources. The idea of the collective freedom of society proved to be both controversial and ambivalent, subject to opposing interpretations—one liberal, the other totalitarian.Less

Private Possessions and National Art

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

This chapter continues the discussion began in Chapter 4 on the appropriation of Russian icons and art. It shows that the ambitions of artists, preservationists, and archaeologists extended far and ... More

This chapter continues the discussion began in Chapter 4 on the appropriation of Russian icons and art. It shows that the ambitions of artists, preservationists, and archaeologists extended far and wide, encountering the resistance of private collectors and city authorities, landowners, and the imperial court. While dealing with the owners of artistic wealth and historical monuments, these zealots of the national patrimony also pursued various objectives. The chapter further shows that the notion of “public domain” remained quite blurred and implied no clear answer to the question of which objects of art and historical heritage should be nationalized, and where they should be placed to ensure their accessibility for the public and the preservation for future generations.Less

Intellectual Property and Development as Freedom

Madhavi Sunder

in The Development Agenda: Global Intellectual Property and Developing Countries

Since 1990, the United Nations has understood development in the broad terms of expanding human capabilities, thanks in part to Amartya Sen. Sen's vision of “development as freedom” is pluralist, ... More

Since 1990, the United Nations has understood development in the broad terms of expanding human capabilities, thanks in part to Amartya Sen. Sen's vision of “development as freedom” is pluralist, measuring development on the capacity for many freedoms. These freedoms range from basic needs, such as the right to life and health, to more expansive freedoms of movement, creative work, and participation in social, economic, and cultural institutions. Intellectual property (IP) law is essential to all of these freedoms and regulates our capacity to participate in cultural and scientific creation. A broader understanding of IP and development as freedom recognizes the importance of participating in the process of knowledge creation. The poor must be recognized as both receivers and producers of knowledge. In the Knowledge Age, wealth lies not simply in access to other people's knowledge, but also in the ability to produce new knowledge and to benefit from this creation, culturally and economically.Less

Globalizing Corporate Citizenship: Political and Theoretical Considerations

Eliza Gaffney and Peter Newell

in The Responsible Corporation in a Global Economy

Here, the concept of corporate citizenship is used more normatively to explore what constitutes responsible corporate behaviour in a globalized economy. Global corporations do more than maximize ... More

Here, the concept of corporate citizenship is used more normatively to explore what constitutes responsible corporate behaviour in a globalized economy. Global corporations do more than maximize profit for owners; they are also involved in processes and decisions that relate to public matters. In doing so, for-profit corporations find themselves and/or position themselves as actors reconstituting the global public domain as they seek to assert their legal and economic rights on national and international levels. Yet, these rights are not balanced with mechanisms to ensure that corporations also fulfil any obligations or duties to the communities around the globe in which they operate. The chapter draws on liberal and cosmopolitan ideas of citizenship to explore how ideas of ethics and responsibility might apply to corporations in the twenty-first century.Less

Information Privacy and Reputation

Perry Keller

in European and International Media Law: Liberal Democracy, Trade, and the New Media

Chapter Ten concerns the relationship between rights sustaining the liberty to publish and countervailing rights to respect for privacy and reputation. In European economic law, the rules of free ... More

Chapter Ten concerns the relationship between rights sustaining the liberty to publish and countervailing rights to respect for privacy and reputation. In European economic law, the rules of free movement support the liberty to publish. However, aside from the protection of personal data (Chapter Eleven), little EU law directly addresses the protection of information privacy and reputation, although there are scattered provisions on the right of reply. This area is dominated by European human rights law. Chapter Ten examines the special relationship between respect for privacy and freedom of expression under the ECHR, discussing the importance of 'public figure', 'public interest' and 'public domain' concepts in lowering privacy and libel liability thresholds where good faith and ethical conduct are shown. International law provides a loose parallel. However, trade law is not similarly bound to human rights law. Nor are the ICCPR rights to privacy and freedom of expression similarly merged.Less

Ownership of the Author's Message and the Public Domain

in The Soul of Creativity: Forging a Moral Rights Law for the United States

This chapter explores the United States' historical concern for the preservation of the public domain and its impact on laws regarding textual integrity. It first addresses why enhanced moral rights ... More

This chapter explores the United States' historical concern for the preservation of the public domain and its impact on laws regarding textual integrity. It first addresses why enhanced moral rights protection fosters the objectives of the Copyright Clause. It also discusses the problem confronting authors in safeguarding the integrity of their messages in the face of the strong public domain tradition emphasizing public access and use of information. The chapter further illustrates the consistency between the type of moral rights protection advocated by the author and several current free speech and public domain theories proposed by legal scholars.Less

Defending the Domain of Public Law

Cormac Mac Amhlaigh

in After Public Law

This chapter explores common understandings of the nature of the public and the private, and its relationship to law through the public/private divide. It departs from a commonplace that the ... More

This chapter explores common understandings of the nature of the public and the private, and its relationship to law through the public/private divide. It departs from a commonplace that the public/private divide is a relative and flexible phenomenon, which does not reveal any ‘truth’ about the world, challenging three common assumptions about the public/private divide in the law. These assumptions are that there is or should be no cross-fertilization between the meaning of the public in the various instances of the divide scattered across legal systems; that its expression in the law is necessarily political or ideological; and that the divide can be dispensed with when it hinders the achievement of particular goals such as the effective protection of human rights. Focusing on one expression of the public/private divide in the law — s. 6 of the UK's Human Rights Act 1998 — it is argued that the practice of adjudication of the divide in the law reveals a deeper-rooted sense of the public and the private, which permeates the legal system which is more stable than the commonplace of its radical relativity suggests. In the light of this more structural understanding of the public, there is necessarily a measure of cross-fertilization between particular instances of the divide in a legal system, that it is less political or ideological than is claimed, and that its elimination can be extremely problematic, particularly for the achievement of effective human rights protection. The chapter concludes by characterizing this deeper structure of the public/private divide in terms of a ‘legal archetype’, and identifies the role of positive law in relation to this archetype as a parergon.Less

Property and the Public Domain

Hanoch Dagan

in Property: Values and Institutions

This chapter relies on the lessons from Chapters 1 and 2 to enter one of the most intense debates on the question of property's frontiers: the delineation of the borders between intellectual property ... More

This chapter relies on the lessons from Chapters 1 and 2 to enter one of the most intense debates on the question of property's frontiers: the delineation of the borders between intellectual property and the public domain. Friends of the public domain are typically suspicious of property talk. Property is perceived as the foe, epitomizing the threat of a shrinking public domain and the expanding rights of copyright holders to preclude others from using cultural artifacts. The chapter examines this commonplace view, which is considered misguided and unfortunate. It is misguided because the split between a property discourse and a thriving public domain is largely illusory. Nothing in the language of property necessarily invites the agenda of the content industry. Quite the contrary: both the form and the substance of property, as conceptualized in this book, convey helpful lessons for achieving the goal of re-crafting a thriving public domain. It is unfortunate because the concept of property has enormous rhetorical power in shaping people's expectations and, therefore, in constructing what they deem normal, obvious, and thus clearly justified. For both these reasons, friends of the public domain should embrace property rather than struggle against it.Less

Policy and Power on the Public Domain

Robert B. Keiter

in Keeping Faith with Nature: Ecosystems, Democracy, and America's Public Lands

This chapter focuses on ecological policy and power in the public domain. It reveals that as controversy has begotten change on the western landscape, federal natural resource policy has evolved ... More

This chapter focuses on ecological policy and power in the public domain. It reveals that as controversy has begotten change on the western landscape, federal natural resource policy has evolved through distinctive phases marked by major revisions in the governing laws and policies to accommodate the felt necessities of the day. Throughout this process, a few key ideas have dominated the public land policy debates, and these same ideas are still central in the current debate over new ecological management principles. The chapter finds out that in each instance, the governmental institutions—Congress, the executive branch, the courts, and the states—have played key roles in converting these ideas into viable laws and policies. It discusses how principal federal land management agencies—the Forest Service, Bureau of Land Management, National Park Service, and U.S. Fish and Wildlife Service—have been central to this process, periodically translating new ideas and laws into viable natural resource policies.Less

Private and Public: Some Banalities About a Platitude

William Lucy

in After Public Law

This chapter examines the meaning of public law in and through its contrast with private law. It argues that there is no single, comprehensive, compelling, or doctrinally dispositive way to ... More

This chapter examines the meaning of public law in and through its contrast with private law. It argues that there is no single, comprehensive, compelling, or doctrinally dispositive way to distinguish public and private juridical domains, just as there is no such clean distinction between public and private as general terms of reference. However, this fact does not render the distinction meaningless or without use. Rather, the many distinctions between public and private law map onto a series of more specific and sometimes cross-cutting oppositions to do with different types of actions, goods, interests, and institutional locations, and all such distinctions remain significant within legal theory and practice.Less

Patents, Copyright, and Neighboring Rights

in No Law: Intellectual Property in the Image of an Absolute First Amendment

This chapter presents a comparison of copyright and patent law in terms of their constitutional origins, originality, term limits, subject matter, securing protection, and exclusive rights and nature ... More

This chapter presents a comparison of copyright and patent law in terms of their constitutional origins, originality, term limits, subject matter, securing protection, and exclusive rights and nature of infringement. It also discusses protectionist tendencies in copyright, fair use in copyright, the compulsory license, the question of property in copyright and patent law, and moral rights and the public domain.Less

Four Changes for specialists I: Setting up a multidisciplinary public health senior appointments process

Jenny Wright, Fiona Sim, and Katie Ferguson

in Multidisciplinary public health: Understanding the development of the modern workforce

This chapter sets out the changes following New Labour government policy to create non-medical specialists in public health with equivalent status to consultants in public health including ... More

This chapter sets out the changes following New Labour government policy to create non-medical specialists in public health with equivalent status to consultants in public health including non-medical Directors of Public Health. Key changes described include a second vote within the Faculty of Public Health Medicine to permit non-medics to sit Part II of the Faculty examinations in 2001 as well as the development of job descriptions, processes within the Faculty to ‘piggy-back’ non-medical appointments within the existing statutory medical appointments advisory committee structures. From 2003 the Faculty agreed to drop ‘Medicine’ from its title. The chapter also charts the development across England of support mechanisms for aspiring specialists. Other key changes are outlined including national agreement across key organisations on the ten key areas of public health, establishing the three domains of public health, categorising the whole of the public health workforce and setting up networks and an annual conference to share and harness expertise. The Health Protection Agency was established during this period.Less

Occupying the Marketplace: The Battle over Public Space, Particular Interests, and the Body Politic

Katie Jarvis

in Politics in the Marketplace: Work, Gender, and Citizenship in Revolutionary France

This chapter analyzes the economically crucial and conceptually volatile debates over public space in the marketplace. It traces how the king’s public domain became national domain and how this ... More

This chapter analyzes the economically crucial and conceptually volatile debates over public space in the marketplace. It traces how the king’s public domain became national domain and how this transformation affected the ways that citizens pursued particular interests in les Halles. During the Old Regime, the king had issued an edict that permitted some especially indigent Dames to secure market spots before other retailers. He had also granted one company the privilege of renting shelters to these qualified Dames before others. However, when the private company attempted to renew its royal contract during the Revolution, clashes arose over the right to and regulation of public domain. During the disputes, the Dames who were not advantaged by the king’s edict seized new practices of citizenship to claim shelters and trading places. They harnessed revolutionary discourses to mark the earth as national property, attack monopoly-holders as privileged leeches, and secure economic exemptions based on their work’s public utility. As they justified their personal profits on public space, the Dames staked out their place in the body politic.Less

Resistance to Information: The Organization and the Independent Inventor

Stuart Macdonald

in Information for Innovation: Managing Change from an Information Perspective

This chapter explains how organizations resist information from external sources. It starts with an elaboration of the not-invented-here (NIH) syndrome, the condition in which organizations reject ... More

This chapter explains how organizations resist information from external sources. It starts with an elaboration of the not-invented-here (NIH) syndrome, the condition in which organizations reject external information gathered from external sources. Relating to the appearance of NIH syndrome is the refusal of organizations to recognize independent inventors who may offer chances to promote great innovations and change the way organizations operate. The chapter then discusses how different government policies in different countries support independent inventors, including the patent system. It ends by citing how independent inventors can innovate things that ‘big organizations’ have provided for ‘big science’.Less

Rights over Genetic Resources and the Demise of the Biological Commons

Stephen B. Brush

in Farmers' Bounty: Locating Crop Diversity in the Contemporary World

This chapter addresses the issues of equity in a world divided by economic wealth and poverty, uneven distribution, trade of genetic resources and ownership of these resources as intellectual ... More

This chapter addresses the issues of equity in a world divided by economic wealth and poverty, uneven distribution, trade of genetic resources and ownership of these resources as intellectual property. The increasing value of crop resources that resulted from the rise of formal crop breeding, the diffusion of modern varieties, and the availability of plant breeders' rights in the twentieth century spurred a movement to clarify ownership of genetic resources and broaden the pool of people who benefit from their availability and use. The chapter discusses that this movement resulted in the Convention on Biological Diversity and the International Undertaking on Plant Genetic Resources for Food and Agriculture. It also reveals that while the charge of biopiracy is still commonly voiced, the benefits of open access to crop resources in an international public domain are now more fully recognized.Less

Copyright and the Commons

Erika Balsom

in After Uniqueness: A History of Film and Video Art in Circulation

This chapter interrogates how artists’ moving image has grappled with the increased ridigification of copyright that has occurred over the last two decades. Many artists champion the freedom to reuse ... More

This chapter interrogates how artists’ moving image has grappled with the increased ridigification of copyright that has occurred over the last two decades. Many artists champion the freedom to reuse copyrighted materials, but fail to interrogate the particular circumstances that it make possible for them to do so without retribution, while simultaneously avoiding an engagement with the significant encroachments on fair use and the public domain that have been implemented as part of new copyright legislation that seeks to control the unruliness of digital reproduction. As a counterpoint to such positions, this chapter examines Ben White and Eileen Simpson’s Struggle in Jerash (2009), a work made by repurposing a public domain film of the same title made in 1957 in Jordan. Simpson and White contest the increasing privatization of visual culture, insisting on the wealth of the cultural commons precisely as it is under threat.Less