• Cover Image

The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...1930s, or the films of the Second World War, or footage on the daily lives of African-Americans during segregation, or the music of the Great Depressio... ...s mean we must presume it was fair use and require the mu- sic companies and songwriters to show clear evidence of “market harm” if they want to convi... ...gree with him from quoting his autobiography in dis- cussing his life. If an African-American author wishes to tell the story of Gone With the Wind fr... ...s watching pictures of a flooded New Orleans, seeing pleading citizens—mainly African-American—and a Keystone Cops response by the Federal Emergency Ma... ...e television played certain images over and over again. People—again, mainly African-Americans—were portrayed breaking into stores, pleading from roof... ...ific verbal and musical references, and, for much of the century, cutting the African-American artists out of the profits in the process. There is anoth... ...tory on it, setting the practice in historical context. In the 18th century, songwriters responded to current events by writing new lyrics to existing... ...of the vocal styles of artists such as Clara Ward and Julius Cheeks. Secular songwriters often appropriated gospel songs, such as the Pilgrim T ravele...

Read More