Hansen slams “culture of public domain”

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Hansen slams “culture of public domain”

Hugh Hansen used the annual Sir Hugh Laddie memorial lecture at University College London this week to attack academics who would limit copyright

Hugh Hansen

The Fordham Law School professor addressed the topic “Is the culture of the public domain a good idea?” and gave an immediate answer (see photo right) in the speech on Wednesday evening.

He said the culture of the public domain, as proposed by professors such as Larry Lessig, was “spreading like a virus” in United States academia, and was likely to reach other countries. It was inspired by digital technology, and privileged users and derivative creators at the expense of original creators, said Hansen.

He added that it has undue influence in US copyright cases, for example in the Second Circuit, thanks to the role played by law clerks, who have often been taught by copyright atheists or agnostics.

Referring to the evolution of US copyright law since the Constitution's ratification, Hansen noted that 12 out of the 13 colonies already had copyright protection in 1787.

He stressed that the philosophy of copyright was not about providing a balance but providing and exclusive right. It was also not specifically about incentivising creation.

Instead, said Hansen, copyright was intended to be a property right and was a natural right in many state laws.

He also criticised the public domain, saying it was a drag on new artists and commercial works and did not benefit consumers: “It produces derivative works, self-absorption, instant gratification, a culture where taking something created by someone else is good. It is a bad moral lesson.”

But he acknowledged that “copyright owners are part of the problem” as they are bad at making arguments and debating on social media. Specifically, he criticised attempts to seek royalties for mobile-phone ringtones and also accused the Authors Guild of “destroying copyright” in its legal battle with Google Books.

more from across site and ros bottom lb

More from across our site

The USPTO’s internal ban on AI use, a major SEP ruling rejecting an interim licence request, and the EUIPO’s five-year plan were among the biggest talking points
Speaking to Managing IP, Kathi Vidal says she’s looking forward to helping clients shape policy when she returns to Winston & Strawn
AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
The combined firm, which will operate under the Venner Shipley name and have 46 partners, will go live in December
Vidal, who recently announced her departure from the USPTO, said she decided to rejoin the firm because of its team and culture
Osborne Clarke said John Linneker’s experience, including acting for SkyKick in the seminal dispute with Sky, will be a huge asset to the firm
Fieldfisher led arguments in court before Kirkland & Ellis took over shortly after SkyKick was acquired, it was revealed last week
Gift this article