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Full-Text Articles in Arts and Humanities
Intellectual Property And Indigenous Peoples: Adapting Copyright Law To The Needs Of A Global Community, Megan M. Carpenter
Intellectual Property And Indigenous Peoples: Adapting Copyright Law To The Needs Of A Global Community, Megan M. Carpenter
Law Faculty Scholarship
The definition and scope of intellectual property and associated laws are under intense debate in the emerging discourse surrounding intellectual property and human rights. These debates primarily arise within the context of indigenous peoples' rights to protection and ownership of culturally specific properties. It is true that intellectual property laws are based on Western, developed markets, Western concepts of creation and invention, and Western concepts of ownership. But whatever their origins, those laws have been, and currently are, the primary vehicle for the protection of artistic, literary, and scientific works worldwide. To segregate indigenous interests from this international legal regime, …
Footnote Draft Of Render Copyright Unto Caesar - 2004, Wendy J. Gordon
Footnote Draft Of Render Copyright Unto Caesar - 2004, Wendy J. Gordon
Scholarship Chronologically
This essay, however, does not press any particular agenda; rather, it tries to make our thinking about the topic more flexible. It is my hope that some conduct-specific rule as was adopted in the defamation context will eventually be adopted for intellectual property. Copyright law cannot continue forever closing its eyes and hoping its house will stop being haunted.
Render Copyright Unto Caesar: On Taking Incentives Seriously, Wendy J. Gordon
Render Copyright Unto Caesar: On Taking Incentives Seriously, Wendy J. Gordon
Faculty Scholarship
This Essay suggests we bifurcate our thinking. Conventional copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Much recent scholarship contains dramatic suggestions to secure a freedom to be creative, rewrite, and be imaginative. My work has long sought to defend such freedoms, but I believe we understand imagination and its conditions too little to employ it as a starting point. I suggest instead that we acquire a better conceptual map of the generative process and …