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Liberty versus Property? Cracks in the Foundations of Copyright Law

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dc.contributor.author Epstein, Richard A.
dc.date.accessioned 2009-12-01T20:02:34Z
dc.date.available 2009-12-01T20:02:34Z
dc.date.issued 2004 en_US
dc.identifier.uri https://hdl.handle.net/10535/5257
dc.description.abstract "Many modern intellectual property scholars have argued that the creation of patents and copyrights, for inventions and writings, respectively, should be resisted on the ground that these forms of property necessarily infringe ordinary forms of liberty, in contrast to property that is found in tangible things. This article rejects that claim by showing how property conflicts with liberty in both settings, but that the different configurations of rights observed in these various areas is defensible on the ground that the loss of liberty for all persons is, to the extent that human institutions can make it, compensated by the increased utility generated by the various property rights in question. The appropriate approach to intellectual property is not abolition but fine-tuning in an effort to increase the gains from intellectual property generally." en_US
dc.language English en_US
dc.relation.ispartofseries John M. Olin Law & Economics Working Paper, no. 204 (2D Series) en_US
dc.subject law en_US
dc.subject copyright en_US
dc.subject intellectual property rights en_US
dc.title Liberty versus Property? Cracks in the Foundations of Copyright Law en_US
dc.type Working Paper en_US
dc.type.methodology Case Study en_US
dc.coverage.region North America en_US
dc.coverage.country United States en_US
dc.subject.sector Information & Knowledge en_US


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