I'm not sure what you mean by a "public domain" approach. But there is a long, though minority, tradition of emphasizing the public domain. The classic article is by Breyer (now Associate S.Ct. Justice), The Uneasy Case for Copyright, published in Harv.L.Rev. many years ago. Another good article is by Lange (I think), in Law and Contemporary Problems, called something like "Reinventing the Public Domain." I dimly recall an article by Jessica Litman which I think also discussed the public domain in copyright. Also check out an article, I think by Tom Palmer, in the Hamline L. Rev., which is discussed extensively in an article by Wendy Gordon on copyright.
Lee Tien
Attorney
tien[_at_]well.sf.ca.us
(510) 525-0817 voice
(510) 525-3015 fax
Received on Mon Dec 05 1994 - 20:11:02 GMT
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