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Goodbye To All That--A Reluctant (And Perhaps Premature) Adieu To A Constitutionally-Grounded Discourse Of Public Interest In Copyright Law, Peter A. Jaszi
Goodbye To All That--A Reluctant (And Perhaps Premature) Adieu To A Constitutionally-Grounded Discourse Of Public Interest In Copyright Law, Peter A. Jaszi
Vanderbilt Journal of Transnational Law
In this Article, Professor Jaszi suggests that there is a need to develop new, policy-grounded arguments against expansionist legislative and judicial tendencies in copyright that diminish the traditional public domain. In recent years, he contends, a new understanding of the purposes of a copyright system has emerged, which has changed the U.S. copyright discourse in support of increased proprietary rights. According to Professor Jaszi, the objective of this new understanding is to improve the competitive position of companies that have significant investments in Inventories of copyrighted works. Recognizing the Uruguay Round Amendments Act (URAA) as an episode in this new …
The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton
The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton
Vanderbilt Journal of Transnational Law
According to Professor Hamilton, the TRIPS Agreement constructs international copyright law in the image of Western, Protestant-based capitalist copyright law. She suggests that the Agreement imposes presuppositions about human value, effort, and reward that contain political, sociological, and legal ramifications. In fact, the Agreement, with its focus upon valuing individual human creative achievement, could spur further developments in Western-based human rights in the rest of the world. By transplanting Western ideas to the rest of the world, TRIPS may actually encourage anti-authoritarian revolution. She further suggests that the TRIPS Agreement seeks to establish a free market of intellectual property goods. …