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This is a Berkman Klein alum page. The information below may be out of date.

Professor James Boyle's website.

James Boyle  is William Neal Reynolds Professor of Law and co-founder of the Center for the Study of the Public Domain Duke Law School. He joined the faculty in July 2000.  He has also taught at American University, Yale, Harvard, and the University of Pennsylvania Law School.  He is the author of Shamans, Software and Spleens: Law and Construction of the Information Society and The Shakespeare Chronicles, a novel about the search for the true author of Shakespeare's works. He co-authored Bound By Law, (CSPD 2006) an educational comic book on fair use in documentary film, and is the editor of Critical Legal Studies (Dartmouth/NYU Press 1994), and Collected Papers on the Public Domain (Duke: L&CP 2003). In 2003 he won the World Technology Award for Law  for his work on the "intellectual ecology" of the public domain, and on the new “enclosure movement" that threatens it; (a disappointing amount of which was foretold in his 1996 New York Times article on the subject.)  Professor Boyle has written on legal and social theory, on issues ranging from political correctness to constitutional interpretation and from the social contract to the authorship debate in law and literature.  

For the last ten years, his work has focused on intellectual property. His essays include The Second Enclosure Movement, a study of  the economic rhetoric of price discrimination in digital commerce, and a Manifesto on WIPO. His shorter pieces include Missing the Point on Microsoft,  a speech to the Federalist Society called Conservatives and Intellectual Property,  and numerous newspaper articles on law, technology and culture. His book reviews on social theory and the environment,  the naturalistic fallacy in environmentalism, and on  competing approaches to copyright have appeared in the Times Literary Supplement. He currently writes as an online columnist for the Financial Times' New Economy Policy Forum.  Professor Boyle teaches Intellectual Property, the Constitution in Cyberspace, Law and Literature, Jurisprudence and Torts.  He is a Board Member of Creative Commons which is working to facilitate the free availability of art, scholarship, and cultural materials by developing innovative, machine-readable licenses that individuals and institutions can attach to their work, and of Science Commons, which aims to expand the Creative Commons mission into the realm of scientific and technical data. He also leads the steering committee which is setting up the Learning Commons, a division of Creative Commons aimed at facilitating access to open education resources. He is a member of the academic advisory boards of the Electronic Privacy and Information Center, the Connexions open-source courseware project, and of Public Knowledge. In 2006 he received the Duke Bar Association Distinguished Teaching Award.

Projects & Tools



[Berkman Project 2001-2002] Openlaw is an experiment in crafting legal argument in an open forum.


Apr 10, 2018 @ 12:00 PM

Tales from the Public Domain

James Boyle and Jennifer Jenkins discuss "Theft! A History of Music"

Dec 12, 2008 @ 6:30 PM

The Commons: Celebrating accomplishments, discerning futures

Jamie Boyle, Lawrence Lessig, Joi Ito, Molly S. Van Houweling, and Jonathan Zittrain

Creative Commons and the Berkman Center for Internet & Society present "The Commons: Celebrating accomplishments, discerning futures" tonight.