Copyright Genericide
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Authors
Lund, Jamie
Issue Date
2009
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|This Article presents a dynamic theory that, like trademarks, the strength of a copyright can decrease through overuse, misuse, or societal changes. Intellectual property law encourages authorship of new and creative works, original inventions, and branding of consumer products and services by granting property protection in the form of copyrights, patents, and trademarks. The benefit to society from these grants of property protections is their power to incentivize new authorship; the cost to society from these grants of property protection is decreased access to ideas and expressions. The U.S. Constitution, in allowing Congress "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries," demands that the benefits to society of granting copyrights exceed the costs. Limiting doctrines in intellectual property law help achieve the correct result in this cost-benefit analysis. For copyrights, limiting principles include the idea/expression dichotomy, the fair use privilege, the doctrine of scenes a faire, the defense of independent creation, the right of adaptation, and statutory licensing...
Description
Citation
42 Creighton L. Rev. 131 (2008-2009)
Publisher
Creighton University School of Law