Forwarded from the NINCH list.

>>> NINCH-ANNOUNCE <[log in to unmask]> 10/3/01 2:39:29 PM >>>
NINCH ANNOUNCEMENT
News on Networking Cultural Heritage Resources
from across the Community
October 3, 2001

                               The Public Domain
                        A Conference at Duke Law School
                        November 9-11, 2001: Durham, NC
                           http://www.law.duke.edu/pd 




>Date: Tue, 02 Oct 2001 09:32:40 -0400
>From: "Laura N. Gasaway" <[log in to unmask]>
>To: Multiple recipients of list <[log in to unmask]>
>Subject: Duke IP conference

   I am posting this for Jamie Boyle at Duke.

CONFERENCE ANNOUNCEMENT
>From Nov 9-11, Duke Law School is having a conference on the Public
Domain.  A number of well-known IP scholars are speaking, as are
prominent theorists of the commons, historians, appropriationist
artists, scientists, activists, constitutional law scholars.. the list
goes on and on.  The conference is nearly full up but there are still
a few spaces and all are welcome.   Details and a registration form can
be found at http://www.law.duke.edu/pd 
Please feel free to repost to other lists.

The Public Domain
A Conference at Duke Law School
November 9-11, 2001

The last fifteen years has seen a rise in both the importance and the
strength of intellectual property rights in the world economy; rights
have expanded in areas ranging from the human genome to the internet
and have been strengthened with legally backed digital fences, lengthened
copyright terms and increased penalties. Is this expansion of
intellectual property necessary to respond to new copying
technologies, and desirable because it will produce investment and
innovation?

Must we privatize the public domain to avoid a "tragedy of the commons," or
can the technologies of cheap copying and global networks actually make
common pool management more efficient than legal monopolies?

Questions such as these have thrown attention on the "other side" of
intellectual property: the public domain. What does the public domain
do? What is its importance, its history, its role in science, art,
and in the building of the Internet? How is the public domain similar
to and different from the idea of a commons? This conference, the
first major meeting to focus squarely on the topic of the public
domain, will try to answer some of these questions in areas ranging
from the human genome to appropriationist art, from the production of
scientific data to the architecture of our communications networks.
For each panel, "focus papers" will be produced by authorities in the
field and made available on the Internet before the event in order to
generate discussion.


_____________________________
James Boyle
Professor of Law
Duke University Law School
Science Drive & Towerview
Box 90360
Durham, NC 27708-0360
919 613-7287 ph.
(Assistant: Eileen Wojciechowski
919 613-7206)
[log in to unmask] 
Home Page & Essays http://james-boyle.com 
--
Lolly


Laura N. Gasaway, Director of the Law Library & Professor of Law
University of North Carolina, CB # 3385
Chapel Hill, NC   27599
Phone:  919-9621321
Fax:  919-962-1193
Email:  [log in to unmask] 
   http://www.unc.edu/~unclng/gasaway.htm 

PARTICIPANTS INCLUDE

*       Hal Abelson is Class of 1922 Professor Massachusetts
Institute of Technology Department of Electrical Engineering
*       John Perry Barlow is a retired Wyoming cattle rancher, a
former lyricist for the Grateful Dead, and co-founder of the
Electronic Frontier Foundation. Since May of 1998, he has been a
Fellow at Harvard Law School's Berkman Center for Internet and
Society.
*       Yochai Benkler is Professor at the New York University School
of Law. He is the Director of the Information Law Institute and
writes widely about communications policy, constitutional law and
peer-to-peer production.
*       Stephen Berry is a Distinguished Professor of Chemistry,
University of Chicago, and is Home Secretary of the National Academy
of Sciences.
*       David Bollier is Co-Founder of Public Knowledge, the new
advocacy organization for the information commons, and author of the
forthcoming Silent Theft: The Private Plunder of Our Common Wealth
(Routledge). Bollier is also Senior Fellow at the USC Annenberg
School for Communication's Norman Lear Center and Director of the
Information Commons Project at the New America Foundation.
*       Caspar Bowden is Director of the Foundation for Information
Policy Research, a non-profit think-tank for UK and European Internet
policy.
*       James Boyle is a Professor at Duke Law School and the author
of Shamans, Software and Spleens; Law and the Construction of the
Information Society (Harvard University Press).
*       Jeff Chester is Executive Director of the nonprofit Center
for Digital Democracy (CDD), based in Washington, DC. Through
research, advocacy, and public education, CDD works to ensure that
the digital media serve the public interest. It is currently focusing
on preserving the Internet's open architecture in the new broadband
environment, and on the establishment of a noncommercial, interactive
"online commons" for the free exchange of ideas and information among
citizens.
*       Julie Cohen is a Professor of Law at the Georgetown
University Law Center. She teaches and writes about intellectual
property law and data privacy law, with particular focus on computer
software and digital works and on the intersection of copyright,
privacy, and the First Amendment in cyberspace. She is a member of
the Advisory Board of the Electronic Privacy Information Center.
Prior to joining the Georgetown faculty, she was an Assistant
Professor of Law at the University of Pittsburgh School of Law.
*       Rosemary Coombe is Canada Research Chair in Law,
Communication and Cultural Studies at York University in Toronto. Her
work on law, culture and appropriation is central to a contemporary
understanding of the commons in intellectual property. Her most
recent book is The Cultural Life of Intellectual Properties:
Authorship, Appropriation and the Law (Duke Press, 1998).
*       Rochelle Cooper Dreyfuss is the Pauline Newman Professor of
Law at N.Y.U. School of Law. A former chemist, her research interests
include intellectual property, civil procedure, privacy, and the
relationship between science and law. She is currently a member of a
panel of the National Academy of Sciences exploring the appropriate
limits of intellectual property rights.
*       Rebecca Eisenberg is the Robert and Barbara Luciano Professor
of Law at the University of Michigan. She is co-authoring the focus
paper on biotechnology (with Rai).
*       Anita R. Eisenstadt has served as Assistant General Counsel
at the National Science Foundation since 1990. She has represented
the Foundation on a wide range of issues related to intellectual
property rights and database protection. Ms. Eisenstadt coordinates
NSF responses to draft legislation and works closely with the Office
of Management and Budget and the Office of Science and Technology
Policy on intellectual property issues.
*       Laura N. Gasaway (Lolly) has been Director of the Law Library
and Professor of Law at the University of North Carolina since 1985.
She teaches courses in Intellectual Property and Cyberspace Law in
the law school and Law Librarianship and Legal Resources in the
School of Information and Library Science.
*       Jane B. Griffith is the Assistant Director for Policy
Development at the National Library of Medicine (NLM). Prior to
joining NLM, she worked at the Congressional Research Service of the
Library of Congress for over 25 years, where she was a Specialist in
Information Technology Policy and held several senior management
positions. Ms. Griffith also served on special assignments as the
Interim Director of the National Research Council's (NRC) Computer
Science and Telecommun-ications Board and as the Director of the Task
Force on NRC Goals and Operations.
*       Robin Gross is an intellectual property attorney with the
Electronic Frontier Foundation, a leading cyber-liberties
organization. She specializes in intellectual property policy and
digital music legal issues. She serves as Director of EFF's Campaign
for Audiovisual Free Expression (CAF+), which she launched in June of
1999 to explore the intersection of intellectual property law and
freedom of expression related to the use of digital technology.
*       Charlotte Hess is Director of Library Services and Professor
at Indiana University, Bloomington and the author of Common Pool
Resources & Collective Action. She is co-authoring a paper on the
intellectual property commons.
*       Mark Hosler is a member of the appropriationist group
Negativland and one of the authors of Fair Use by Negativland.
*       David Lange is Professor of Law at Duke Law School and a
writer, producer, director and production coordinator in radio,
television and motion pictures. Twenty years ago, his article
Recognizing the Public Domain initiated contemporary legal study of
the subject.
*       Larry Lessig is Professor of Law at Stanford Law School. He
is the author of Code and Other Laws of Cyberspace and, most
recently, of The Future of Ideas.
*       Jessica Litman is Professor of Law at Wayne State Law School
and author of Digital Copyright (Prometheus Books 2001). Among her
most recent articles are Information Privacy/Information Property and
Breakfast with Batman«: The Public Interest in the Advertising Age.
*       Damian Loeb is an internationally recognized artist who uses
a technique of appropriation prominently in his work. His most recent
exhibition, at the Mary Boone Gallery in New York City (March, 2001),
was entitled "The Public Domain.
*       Jamie Love has worked full time for the Center for Study of
Responsive Law (CSRL), started by Ralph Nader in 1968, since 1990. He
directs the Consumer Project on Technology (CPT) which is active in a
number of issue areas, including intellectual property,
telecommunications, privacy and electronic commerce, plus a variety
of projects relating to antitrust enforcement and policy.
*       Steven Maurer is a California attorney specializing in
intellectual property litigation who prepared a law and economics
study of proposed database legislation for the National Research
Council in 1998. Since then, he has specialized in studying
scientific databases and how they interact with commercial
incentives, and he recently completed a study of the EU's database
law for Industry Canada. He has also worked with scientists on
practical efforts to build and commercialize advanced databases in
physics and biology.
*       Eben Moglen is a Professor of Law at Columbia Law School and
the General Counsel of the Free Software Foundation. He is the
author, among many other articles, of Anarchism Triumphant: Free
Software and the Death of Copyright.
*       David Nimmer is Of Counsel to Irell & Manella in Los Angeles,
and Visiting Professor of Law at UCLA. Currently the author of Nimmer
on Copyright (10 vols., Matthew Bender), he also comments frequently
on contemporary issues in copyright and intellectual property.
*       Harlan J. Onsrud is Professor of Spatial Information Science
and Engineering at the University of Maine and a research scientist
with the National Center for Geographic Information and Analysis
(NCGIA). A scientist, engineer, and attorney, his research focuses on
the analysis of legal, ethical, and institutional issues affecting
the creation and use of digital spatial databases and the assessment
of the social impacts of spatial technologies. He chairs the U.S.
National Committee on Data for Science and Technology (CODATA).
*       Elinor Ostrom is Arthur F. Bentley Professor of Political
Science, Indiana University, Bloomington. Her book Governing the
Commons: The Evolution of Institutions for Collective Action
(Cambridge University Press, 1990), and her subsequent work on the
subject, has had a dramatic effect on environmental policy. She will
be commenting on the use of the commons literature to analyze
intellectual property and public domain issues (with Hess).
*       David Post is Professor of Law at Temple University where he
teaches intellectual property law and the law of cyberspace, and a
Senior Fellow at the Tech Center at George Mason University Law
School. He is also Co-Founder and Co-Editor of ICANN Watch, the
Cyberspace Law Institute, and Disputes Organization.
*       H. Jefferson Powell has been a member of the Duke faculty
since 1987. He has served in both the federal and state governments,
as a Deputy Assistant Attorney General and as Principal Deputy
Solicitor General in the U.S. Department of Justice, and as Special
Counsel to the Attorney General of North Carolina; he has briefed and
argued cases in both federal and state courts, including the Supreme
Court of the United States.
*       Laurie Racine is the President of the Center for the Public
Domain. Before joining the Center, she was the Director of the Health
Sector Management Program at the Fuqua School of Business of Duke
University. She has spent many years as a consultant concentrating in
the arts, education and health care.
*       Arti Rai is an Assistant Professor at the University of
Pennsylvania School of Law. She writes on patent law, biotechnology,
health care regulation, and intellectual property in cyberspace. She
will be writing with Rebecca Eisenberg, on the public domain in
biotechnology research.
*       Jerome Reichman is Bunyan S. Womble Professor of Law at Duke
Law School. His latest writings stress the need for new liability
rules to simulate investment in small-scale innovation not
susceptible to trade secret protection in order to cure market
failure. He has been special advisor to the United States National
Academy of Sciences, and the International Council for Science (ICSU)
on the subject of legal protection for databases.
*       Carol Rose is Gordon Bradford Tweedy Professor of Law at Yale
Law School. Among her many articles is The Comedy of the Commons, a
reexamination of Hardin's famous Tragedy of the Commons to identify
those cases in which common property regimes actually work better
than exclusionary private property regimes.
*       Mark Rose is Professor and Chair of the English Department at
the University of California, Santa Barbara. He is the author of
Authors and Owners: The Invention of Copyright, one of the most
distinguished histories of the development of ideas about copyright.

*       Marc Rotenberg is Director (and Founder) of the Electronic
Privacy Information Center and one of the world's leading authorities
on privacy issues.

*       Jed Rubenfeld is Robert R. Slaughter Professor of Law at Yale
Law School. His work on privacy, affirmative action and
constitutional interpretation has reshaped the debate in each of
these fields. His book Freedom and Time: A Theory of Constitutional
Self-Government was published by Yale University Press in March, 2001.

*       Pamela Samuelson is a Professor at the University of
California at Berkeley with a joint appointment in the School of
Information Management and Systems and the School of Law. She is also
Co-Director of the Berkeley Center for Law and Technology. Her
principal area of expertise is intellectual property law. She has
written and spoken extensively about the challenges that new
information technologies are posing for public policy and traditional
legal regimes and is an advisor for the Samuelson Law, Technology and
Public Policy Clinic.
*       Cary Sherman is Senior Executive Vice President and General
Counsel to the Recording Industry Association of America. Formerly a
senior partner and head of the Intellectual Property & Technology
Practice Group of Arnold & Porter, Washington, D.C., he has devoted
his professional career to copyright and related issues.
*       Brian Cantwell Smith is the Kimberly Jenkins Professor of New
Technologies and Society at Duke University. Before coming to Duke he
was principal scientist at the Xerox Palo Alto Research Center
(PARC), Adjunct Professor of Philosophy and Founder of the Center for
the Study of Language and Information at Stanford University, and the
first President of Computer Professionals for Social Responsibility.
*       Gigi Sohn is the President of Public Knowledge, a new
nonprofit organization that will represent the public's perspective
on intellectual property and related matters. A former Executive
Director of the Media Access Project and Ford Foundation Project
Specialist, Ms. Sohn is also an Adjunct Professor at Cardozo Law
School, where she teaches a course on federal regulation of the
electronic media, and a Senior Fellow at the University of Melbourne
Faculty of Law, Graduate Studies Program.
*       Jonathan Tasini has been President of the National Writers
Union (UAW Local 1981) since 1990. He is a labor and economics writer
whose work has appeared in a variety of newspapers and magazines. He
was the lead plaintiff in a recent Supreme Court case about freelance
authors' rights in online databases.
*       Jennifer Toomey is an activist, musician and the Executive
Director of the Future of Music Coalition. From 1990 to 1998, she
co-ran Simple Machines, an independent record label. She is a member
of the board of The Low Power Radio Coalition, performed in several
bands including Tsunami, and has written extensively about music and
Internet technology.
*       Paul Uhlir is Director of International Scientific and
Technical Information Programs at The National Research Council in
Washington, D.C., where he directs policy studies and related
activities for the federal government.
*       William Van Alystne is the William R. & Thomas S. Perkins
Professor of Law at Duke Law School and one of the pre-eminent First
Amendment and constitutional law scholars in the United States. His
professional writings have appeared during four decades in the
principal law journals in the United States with frequent
republication in foreign journals..

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