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Intellectual Property Law Commons

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Intellectual Property Law

Boston University School of Law

1985

Law and economics

Articles 1 - 2 of 2

Full-Text Articles in Intellectual Property Law

Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon Aug 1985

Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon

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Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon Aug 1985

Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon

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In many areas courts are giving new intellectual property rights for reasons they largely leave unarticulated. Noncopyrightable stock averages are being protected by state law. Merchandising emblems and symbols are being protected in non-trademark contexts by trademark law. The right of publicity has expanded to such an extent that judges and commentators al iKe bewail the imminent dangers to the First Amendment caused by the imprecision of the new right’s boundaries. Even in federal copyright law, which explicitly says that facts and ideas should be free of protection, and where inadvertent copying is supposed to be as actionable as intentional …