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Copyright

Selected Works

2008

Mary Wong

Articles 1 - 2 of 2

Full-Text Articles in Law

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong Mar 2008

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong

Mary Wong

As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …


Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong Mar 2008

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong

Mary Wong

As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …