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Full-Text Articles in Philosophy
Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon
Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon
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The Supreme Court in several recent cases has flirted with the notion that labor gives one an entitlement to ownership: a legal right to bar others from the fruits of that labor or to extract payment from them if they use the fruits without permission. Sometimes articulated in terms of "natural rights," and sometimes in terms of "fairness," this notion is at apparent odds with contract law's insistence that the only "fruits of labor" one is obligated to pay for are those one has agreed in advance to buy.
Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon
Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon
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For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zcharia Chaffee Jr. and Judge Learned Hand brought a wealth of learning and a broad perspective to copyright.
Draft Of New Versus Old Authors - 1990, Wendy J. Gordon
Draft Of New Versus Old Authors - 1990, Wendy J. Gordon
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Virtually all the issues canvassed above embody the tension that exists in seeking to honor the interests of two generations of creators. For example, the essay has discussed the need for new adaptive artists to have a copyright in their own productions and the dangers that the "subconscious copying rule" poses to new creators, particularly in an age of ubiquitous media.