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University of Georgia School of Law

2002

Copyright Law

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Public And Private Interests In Copyright Law: Creativity, Science And Democracy Vs. Property And Market, Daryana I. Kotzeva May 2002

Public And Private Interests In Copyright Law: Creativity, Science And Democracy Vs. Property And Market, Daryana I. Kotzeva

LLM Theses and Essays

Copyright law in USA has a utilitarian objective, which has to be fulfilled through economic incentives given to authors. Creative works produce social and cultural benefits for society. Often the market power of the copyright owner, combined with property aspirations prevents the free flow of information and impedes learning. Restrictions of copyright owner’s monopoly such as the doctrine of fair use are inevitable. Free speech values in the Copyright Clause are consistent with broad public interest of information and are justified by the notion of liberty. The idea-expression dichotomy reconciles the conflict between the Copyright Clause and the First Amendment. …