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Full-Text Articles in Intellectual Property Law
The Meaning Of Science In The Copyright Clause, Ned Snow
The Meaning Of Science In The Copyright Clause, Ned Snow
BYU Law Review
The Constitution premises Congress's copyright power on promoting "the Progress of Science." The word Science therefore seems to define the scope of copyrightable subject matter. Modern courts and commentators have subscribed to an originalist view of Science, teaching that Science meant general knowledge at the time of the Framing. Under this interpretation, all subject matter may be copyrighted because expression about any subject increases society's store of general knowledge. Science, however, did not originally mean general knowledge. In this Article, I examine evidence surrounding the Copyright Clause and conclude that at the Framing of the Constitution, Science meant a system …
In The Aftermath Of Johnson And Eichman: The Constitution Need Not Be Mutilated To Preserve The Government's Speech And Property Interests In The Flag, Douglas W. Kmiec
In The Aftermath Of Johnson And Eichman: The Constitution Need Not Be Mutilated To Preserve The Government's Speech And Property Interests In The Flag, Douglas W. Kmiec
BYU Law Review
No abstract provided.