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No LawIntellectual Property in the Image of an Absolute First Amendment$
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David L. Lange and H. Jefferson Powell

Print publication date: 2008

Print ISBN-13: 9780804745789

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804745789.001.0001

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Exclusivity versus Appropriation: Some Questions and Costs

Exclusivity versus Appropriation: Some Questions and Costs

Chapter:
(p.65) Chapter 3 Exclusivity versus Appropriation: Some Questions and Costs
Source:
No Law
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804745789.003.0003

This chapter attempts to sketch a field of conflict between exclusive rights generated and protected by copyright and its companion doctrines in the field of intellectual property, and the very different, often antithetical rights that are recognized and protected by the First Amendment. It suggests that intellectual property rights amounting to exclusivity are probably less certain as to necessity than we are accustomed to supposing, but entirely certain in the encroachments they make into the public domain. This is not, in truth, a new problem, but rather one that has been slow in gaining recognition.

Keywords:   intellectual property law, patent, copyright, trademark, exclusive rights, antiethical rights, First Amendment, exclusivity, appropriation

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