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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

... of racial cleansing went on. Styles were adapted but were cleansed of those elements thought inappropriate for a larger white audience. Generally, th... ...ping,” expanding from coverage of a single song or melody to cover essential elements of genre, style, and theme. In effect, we needed to apply the Je... ...re substantially similar, once we had excluded standard forms, public domain elements, and so on. I would say that they are substan- tially similar, b... ...arity is required, and the similarity has to be between the new work and the elements of the original that are actually protected by copyright. Ele- m... ... so important. Charles only gets a copyright in his original creation. Those elements taken from the public domain (if “I’ve Got a Savior” was indeed ... ...f the park system and birdwatchers, but also hunters and those who disdained chemical pesticides in growing their foods. In the world of intellectual ...

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