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Articles 61 - 62 of 62
Full-Text Articles in Law
The Holding-Dictum Spectrum, Andrew C. Michaels
The Holding-Dictum Spectrum, Andrew C. Michaels
Arkansas Law Review
Presumably, the terms holding and dictum have some objective meaning. One would not say, “I do not agree with this statement, so it is dictum.” One might say, “This statement is dictum, so it is not binding.” So what, then, is dictum? More specifically, to what extent does the breadth of a generalization affect its status as holding or dictum?
From Temporary Incentive To Perpetual Entitlement: Historical Perspective On The Evolving Nature Of Copyright In America, Evan Boyd Billingsley
From Temporary Incentive To Perpetual Entitlement: Historical Perspective On The Evolving Nature Of Copyright In America, Evan Boyd Billingsley
Graduate Theses and Dissertations
The original purpose of copyright legislation was to grant a temporary economic monopoly to an author of a creative work. This monopoly is meant to incentivize authors to contribute to the public good with works that promote progress in science and art. However, increases in the scope and duration of copyright terms grant overly broad protections and controls for copyright owners, while advances in technology have provided the public with the potential for near-limitless access to information. This creates a conflict between proprietary interest in creative works versus the public's right and ability to access same. Efforts to balance these …