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Intellectual Property Law Commons

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Marquette Intellectual Property Law Review

2005

Fair Use

Articles 1 - 2 of 2

Full-Text Articles in Intellectual Property Law

Do We Have Too Many Intellectual Property Rights?, Richard A. Posner Jul 2005

Do We Have Too Many Intellectual Property Rights?, Richard A. Posner

Marquette Intellectual Property Law Review

The Honorable Richard A. Posner discusses the dangers presented by the propertization of intellectual property rights, particularly in the areas of copyright and patent. Unlike physical property, intellectual property rights are limited by duration, scope, and allowance of faire use. These limitations underlie the existence of a rich public domain that encourages the most valuable uses of intellectual property by reducing transaction costs and encouraging the creation of additional creative works.


Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais Jan 2005

Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais

Marquette Intellectual Property Law Review

This paper argues that it is time to replace the existing set of copyright rights by focusing on its true policy objectives. The paper identifies what is wrong with extant norms and spotlights the apparent chasm between the policy objectives and the norms. The paper proposes a new international copyright norm based on the Berne Convention's three-step test, in harmony with the U.S. fair use doctrine. The author suggests that fair use reflects an appropriate set of criteria to balance the rights of copyright holders and the needs and interests of users, which could serve as a basis to build …