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Full-Text Articles in Law

Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman Mar 2010

Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman

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Scholars have often turned to the First Amendment to limit the scope of ever-expanding copyright law. This approach has mostly failed to convince courts that independent review is merited and has offered little to individuals engaged in personal rather than political or cultural expression. In this Article, I consider the value of an alternative paradigm using the lens of substantive due process and liberty to evaluate users’ rights. A liberty-based approach uses this other developed body of constitutional law to demarcate justifiable personal, identity-based uses of copyrighted works. Uses that are essential for mental integrity, intimacy promotion, communication, or religious …


Cyberspace Property Rights: Private Property Interests In The Context Of Internet Webpages, Taylor E. White Jan 2010

Cyberspace Property Rights: Private Property Interests In The Context Of Internet Webpages, Taylor E. White

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No abstract provided.