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The Construction And Defense Of Artistic Authorship In Contemporary Copyright Disputes, Sophie Bell
The Construction And Defense Of Artistic Authorship In Contemporary Copyright Disputes, Sophie Bell
Theses and Dissertations
Through the lens of three contemporary copyright infringement cases, this thesis examines topics in the field of art law, each grounded in the recent history of art and its controversies, in order to illuminate the unique set of legal conditions shaping contemporary artmaking, sale, and exhibition in the United States.
A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning
A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning
USF Tampa Graduate Theses and Dissertations
This thesis argues in favor of an instrumental approach to Intellectual Property (IP). I begin by reviewing justifications for IP that have been offered in recent literature, including Lockean labor theory, Hegelian personality theory, Kantian property theory and utilitarianism. Upon a close and careful analysis, I argue that none of these justifications suffice to ground contemporary IP practice. I review some recent works that offer `pluralist' justifications for IP, which draw from multiple theories in order to account for the diverse field of IP-related laws and practices in existence. I argue that these pluralist theories are also insufficient, because there …