Hansen slams “culture of public domain”

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 SHARED ros bottom lb

More from across our site

There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
Gift this article