Towards a Feminist Theory of the Public Domain, or Rejecting the Gendered Scope of United States' Copyrightable and Patentable Subject Matter

Abstract

This article presents liberal feminist, essentialist feminist, communitarian feminist, and humanist feminist critiques of the gendered scope of United States intellectual property protection. Different feminist perspectives lead to different conclusions regarding intellectual property. However, the most important aspect of intellectual property for feminists should be the public domain. The public domain is essentially feminine; feminists of all types should join the movement to reinvigorate and protect the currently-endangered public domain. The Article then addresses the conflict between communitarianism and feminism. As to intellectual property, this conflict can be bridged by theorizing the public domain in terms of a right not to be excluded.

Keywords: intellectual property, feminism, public domain