No Law Intellectual Property in the Image of an Absolute First Amendment

ISBN-10: 080474579X
ISBN-13: 9780804745796
Edition: 2008
List price: $19.95 Buy it from $14.79
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Description: The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press.  More...

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Book details

List price: $19.95
Copyright year: 2008
Publisher: Stanford University Press
Publication date: 10/27/2008
Binding: Paperback
Pages: 456
Size: 6.00" wide x 8.75" long x 1.00" tall
Weight: 1.342
Language: English

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict.No Lawoffers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.

Preface
Acknowledgments
Intellectual Property in America: The Idea and its Merits
Unfair Competition and Trademarks
Patents, Copyright, and Neighboring Rights
Exclusivity versus Appropriation: Some Questions and Costs
"Exclusive Rights" and the Constitution
Intellectual Productivity and Freedom of Expression
Foreshadowings: International News Service v. Associated Press
Intellectual Productivity and Freedom of Expression: The Conditions of Their Coexistence
The First Amendment in America: Some Chapters in a History of Debate
The Origins of the First Amendment and the Question of Original Meaning
The Sedition Act of 1798 and the First First Amendment Crisis
Justice Holmes and the Arrival of Balancing
Justice Black and the Absolute First Amendment
The Absolute First Amendment Revisited: The Amendment as a Prohibition on Power
Constitutional Absolutes in a Holmesian World
Forward to the Eighteenth Century
Summing Up
Intellectual Property in the Image of an Absolute First Amendment
Notes
Bibliographic Note
Errata and Apocrypha
Index

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