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

Lange, David L.

ISBN 10: 080474579X / ISBN 13: 9780804745796

Editore: Stanford University Press, 2008

Riguardo questo articolo

Connecting readers with great books since 1972! Used books may not include companion materials, and may have some shelf wear or limited writing. We ship orders daily and Customer Service is our top priority!

Codice articolo S_459403001

Dati bibliografici

• Titolo: No Law: Intellectual Property in the Image of an Absolute First Amendment
• Editore: Stanford University Press
• Data di pubblicazione: 2008
• Lingua: Inglese
• ISBN 10: 080474579X
• ISBN 13: 9780804745796
• Rilegatura: paperback
• Condizione: Very Good

Descrizione articolo

Riassunto

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 Law offers 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.

Informazioni sull?autore

David Lange is Melvin G. Shimm Professor of Law at Duke University. He is coauthor of Intellectual Property: Cases and Materials (3rd ed., 2007). H. Jefferson Powell is Professor of Law at Duke University. His publications include The President's Authority over Foreign Affairs: An Essay in Constitutional Interpretation (rev. ed., 2005).