Private Rights and Public Wrongs: Fair Use as a Remedy for Private Censorship

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>Two categories of criticism have recently been marshalled against Lockean copyright theory. Some argue that Locke’s property theory offers no justifi- cation for intellectual property rights at all, while others suggest that Lockean rights in intellectual property are too strong. This article responds to each of these criticisms by offering a new Lockean approach to copyright that balances property rights for producers and fair use rights for the public. The approach relies most strongly on Locke’s State of Nature/ Civil Society distinction and his dual concern for public and private rights.</span><span>] </span></p></div></div></div>

Download Full-text

Global Mandatory Fair Use

10.1017/9781108884099 ◽

2020 ◽

Author(s):

Tanya Aplin ◽

Lionel Bently

Keyword(s):

Fair Use

Download Full-text

Editor's Note

Ethnic Studies Review ◽

10.1525/esr.2004.27.1.i ◽

2004 ◽

Vol 27 (1) ◽

pp. i-iii

Keyword(s):

United States ◽

Public Education ◽

Economic Status ◽

Ethnic Origin ◽

Fair Use ◽

Good Education ◽

The Poor ◽

The Rich

In this election year, 2004, people are grappling with the various forces that make up these United States. What forces encourage inclusion and which exclusion? Who is to be included and who excluded? Is this to be a country with wide discrepancies between the rich and the poor? Is this to be a country where public education is poorly funded and a good education depends upon private resources? Are we going to forget that discrimination on the basis of gender, race, ethnic origin, and economic status still exists and needs to be perpetually, vigilantly addressed? There is a deep division in the country over the proper and fair use of our resources that constitutes concern in all our citizens

Download Full-text