James Boyle (academic)

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James Boyle
James Boyle (academic).jpg
Boyle in 2008
Born1959 (age 65)
Scotland
NationalityScottish
CitizenshipUnited Kingdom
Education
Occupation(s)Legal academic and author
Employer Duke University School of Law
Known for Creative Commons
Notable work
  • Shamans, Software and Spleens
  • Bound by Law?
  • The Public Domain
  • Theft: A History of Music
Title William Neal Reynolds Professor of Law
AwardsDuke Bar Association Distinguished Teaching Award
Website

James Boyle (born 1959 [1] ) is a Scottish intellectual property scholar. He is the William Neal Reynolds Professor of Law and co-founder of the Center for the Study of the Public Domain at Duke University School of Law in Durham, North Carolina. [2] He is most prominently known for advocating looser copyright policies in the United States and worldwide.

Contents

Teaching and activism

Boyle graduated from the University of Glasgow in 1980 and subsequently studied at Harvard Law School. [1] He joined Duke University School of Law in July 2000. [3] He had previously taught at American University, Yale, Harvard, and the University of Pennsylvania Law School.

In 2002, he was one of the founding board members of Creative Commons, [4] and held the position of Chairman of the Board in 2009, after which he stepped down. [5] [3] He also co-founded Science Commons, which aims to expand the Creative Commons mission into the realm of scientific and technical data, and ccLearn, a division of Creative Commons aimed at facilitating access to open education resources. [6]

In 2006, he earned the Duke Bar Association Distinguished Teaching Award. [3]

The courses he teaches include "Intellectual Property", "The Constitution in Cyberspace", "Law and Literature", "Jurisprudence", and "Torts". [3]

Written works

He is the author of Shamans, Software and Spleens: Law and Construction of the Information Society [7] as well as a novel published under a Creative Commons license, The Shakespeare Chronicles. [8] [9]

In his work on intellectual property, The Public Domain: Enclosing the Commons of the Mind (2008), Boyle argues that the current system of copyright protections fails to fulfill the original intent of copyright: rewarding and encouraging creativity. [10] It was also published under a non-commercial CC BY-NC-SA Creative Commons license. [11]

Boyle also contributes a column to the Financial Times New Technology Policy Forum.

In 2011, Boyle was one of five experts consulted for the Hargreaves Review of Intellectual Property and Growth , a comprehensive analysis of the United Kingdom's intellectual property system that made suggestions for data-driven reform of the system. [12]

Selected publications

Related Research Articles

<span class="mw-page-title-main">Copyright</span> Legal concept regulating rights of a creative work

A copyright is a type of intellectual property that gives the creator of an original work, or another right holder, the exclusive and legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

<span class="mw-page-title-main">Open-source license</span> Software license allowing source code to be used, modified, and shared

Open-source licenses are software licenses that allow content to be used, modified, and shared. They facilitate free and open-source software (FOSS) development. Intellectual property (IP) laws restrict the modification and sharing of creative works. Free and open-source licenses use these existing legal structures for an inverse purpose. They grant the recipient the rights to use the software, examine the source code, modify it, and distribute the modifications. These criteria are outlined in the Open Source Definition.

<span class="mw-page-title-main">Criticism of copyright</span> Dissenting views of copyright law

Criticism of copyright, or anti-copyright sentiment, is a dissenting view of the current state of copyright law or copyright as a concept. Critics often discuss philosophical, economical, or social rationales of such laws and the laws' implementations, the benefits of which they claim do not justify the policy's costs to society. They advocate for changing the current system, though different groups have different ideas of what that change should be. Some call for remission of the policies to a previous state—copyright once covered few categories of things and had shorter term limits—or they may seek to expand concepts like fair use that allow permissionless copying. Others seek the abolition of copyright itself.

<span class="mw-page-title-main">Creative Commons license</span> Copyright license for free use of a work

A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that the author has created. CC provides an author flexibility and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.

<span class="mw-page-title-main">Orphan work</span> Copyright-protected work for which rightsholders are positively indeterminate

An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found. A work can become orphaned through rightsholders being unaware of their holding, or by their demise and establishing inheritance has proved impracticable. In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work. Since 1989, the amount of orphan works in the United States has increased dramatically since some works are published anonymously, assignments of rights are not required to be disclosed publicly, and registration is optional and, thus, many works' statuses with respect to who holds which rights remain unknown to the public even when those rights are being actively exploited by authors or other rightsholders.

<span class="mw-page-title-main">Free-culture movement</span> Social movement promoting the freedom to distribute and modify the creative works of others

The free-culture movement is a social movement that promotes the freedom to distribute and modify the creative works of others in the form of free content or open content without compensation to, or the consent of, the work's original creators, by using the Internet and other forms of media.

<span class="mw-page-title-main">Pamela Samuelson</span> American IP lawyer and academic

Pamela Samuelson is the Richard M. Sherman '74 Distinguished Professor of Law and Information Management at the University of California, Berkeley with a joint appointment in the UC Berkeley School of Information and Boalt Hall, the School of Law.

Golan v. Holder, 565 U.S. 302 (2012), was a US Supreme Court case that dealt with copyright and the public domain. It held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of copyright protections to works previously in the public domain.

The Adelphi Charter on Creativity, Innovation and Intellectual Property is the result of a project commissioned by the Royal Society for the encouragement of Arts, Manufactures & Commerce, London, England, and is intended as a positive statement of what good intellectual property policy is. The Charter was issued in 2004.

An information commons is an information system, such as a physical library or online community, that exists to produce, conserve, and preserve information for current and future generations. Wikipedia could be considered to be an information commons to the extent that it produces and preserves information through current versions of articles and histories. Other examples of an information commons include Creative Commons.

<span class="mw-page-title-main">Public Domain Day</span> Observance of when copyrights expire and works enter into the public domain

Public Domain Day (PDD) is an observance of when copyrights expire and works enter into the public domain. This legal transition of copyright works into the public domain usually happens every year on January 1 based on the individual copyright laws of each country.

<span class="mw-page-title-main">Lawrence Liang</span>

Lawrence Liang is an Indian academic and lawyer. He is currently a professor of law at Ambedkar University Delhi. He is known for his legal campaigns on issues of public concern. He is a co-founder of the Alternative Law Forum and by 2006 had emerged as a spokesperson against the politics of "intellectual property". In 2017, he received the Infosys Prize for Social Sciences in recognition of his creative scholarship on law and society.

<span class="mw-page-title-main">Margaret Jane Radin</span> American legal scholar

Margaret Jane Radin is the Henry King Ransom Professor of Law, emerita, at the University of Michigan Law School by vocation, and a flutist by avocation. Radin has held law faculty positions at University of Toronto, University of Michigan, Stanford University, University of Southern California, and University of Oregon, and has been a faculty visitor at Harvard University, Princeton University, University of California at Berkeley, and New York University. Radin's best known scholarly work explores the basis and limits of property rights and contractual obligation. She has also contributed significantly to feminist legal theory, legal and political philosophy, and the evolution of law in the digital world. At the same time, she has continued to perform and study music.

<span class="mw-page-title-main">Copyleft</span> Practice of mandating free use in all derivatives of a work

Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, freedoms refers to the use of the work for any purpose, and the ability to modify, copy, share, and redistribute the work, with or without a fee. Licenses which implement copyleft can be used to maintain copyright conditions for works ranging from computer software, to documents, art, scientific discoveries and even certain patents.

The philosophy of copyright considers philosophical issues linked to copyright policy, and other jurisprudential problems that arise in legal systems' interpretation and application of copyright law.

<span class="mw-page-title-main">Public domain</span> Works outside the scope of copyright law

The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission.

<span class="mw-page-title-main">Brian Fitzgerald (academic)</span> Australian legal academic and barrister

Brian Fitzgerald is an Australian legal academic and barrister. He is an intellectual property and information technology/internet lawyer who has pioneered the teaching of internet/cyber law in Australia. Fitzgerald was a specialist research professor at the Queensland University of Technology (QUT) until February 2012, when he became the inaugural executive dean of law at the Australian Catholic University's Faculty of Law and Business.

<i>Freedom of Expression</i> (book) 2005 book by Kembrew McLeod

Freedom of Expression® is a book written by Kembrew McLeod about freedom of speech issues involving concepts of intellectual property. The book was first published in 2005 by Doubleday as Freedom of Expression®: Overzealous Copyright Bozos and Other Enemies of Creativity, and in 2007 by University of Minnesota Press as Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property. The paperback edition includes a foreword by Lawrence Lessig. The author recounts a history of the use of counter-cultural artistry, illegal art, and the use of copyrighted works in art as a form of fair use and creative expression. The book encourages the reader to continue such uses in art and other forms of creative expression.

<i>Bound by Law? Tales from the Public Domain</i> 2008 comic book about intellectual property law and the public domain

Bound by Law?: Tales from the Public Domain is a comic book about intellectual property law and the public domain published in 2008 by Duke University Press. Written by Keith Aoki, James Boyle and Jennifer Jenkins and supported by the Center for the Study of the Public Domain at the Duke Law School, the book was first released in a free digital edition under a Creative Commons license in 2006. The 2008 edition has an introduction by Cory Doctorow and a foreword by Davis Guggenheim.

<i>The Indigo Book</i> Style guide for legal citation

The Indigo Book: An Open and Compatible Implementation of A Uniform System of Citation is a free content version of the Bluebook system of legal citation. Founded by New York University professor Christopher Jon Sprigman, authored collectively by Sprigman and a group of NYU law students, and published by Public.Resource.Org, it is an adaptation based on the 10th edition of the Bluebook as published by the Harvard Law Review Association in 1958, which had entered the public domain in the United States because its copyright had expired due to non-renewal.

References

  1. 1 2 "Law School Profile: DUKE UNIVERSITY SCHOOL OF LAW". martindale.com. Retrieved 12 October 2009.
  2. "People". Center for the Study of the Public Domain. Archived from the original on 2 February 2018. Retrieved 8 April 2018.
  3. 1 2 3 4 Biography at Duke University School of Law
  4. Amy Harmon (13 May 2002). "A New Direction for Intellectual Property". N.Y.Times. Retrieved 27 July 2009.
  5. Linksvayer, Mike (1 April 2009). "Esther Wojcicki Becomes Creative Commons Board Chair". Creative Commons. Archived from the original on 4 April 2009. Retrieved 1 April 2009.
  6. Biography on Boyle's official website. Retrieved 15 March 2009.
  7. Boyle, James (1997), Shamans, Software and Spleens: Law and Construction of the Information Society, Harvard University Press
  8. Boyle, James (2007), The Shakespeare Chronicles, Lulu Press
  9. "Inspired by his defense of the Bard in court, Professor James Boyle pens a literary thriller". Duke University School of Law. Retrieved 15 June 2022.
  10. Aaron Stronge (13 May 2002). "Review: The Public Domain: Enclosing the Commons of the Mind" (PDF). Journal of High Technology Law, Suffolk University Law School. Archived from the original (PDF) on 6 June 2011. Retrieved 27 July 2009.
  11. Boyle, James (2008), The Public Domain: Enclosing the Commons of the Mind, Yale University Press
  12. "(When) Is Copyright Reform Possible? Lessons from the Hargreaves Review" by James Boyle (2015)