User's Rights and the Public Domain
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Intellectual Property Quarterly (3):312-23 (2010)
In recent years the concept of “user’s rights” has gained considerable currency in discussions of the limits of intellectual property in general, and of copyright in particular. Those arguing in favour of the public domain and increased limitations on copyright have increasingly sought to fight fire with fire – to place substantive user’s rights against the claims of intellectual property. User’s rights have in some jurisdictions received explicit Supreme Court imprimatur and they are expressly recognised in key charters of human rights. Yet there is a residual uncertainty about the appropriateness of this language. Is it correct, as a general conceptual and normative matter, to speak of the broad liberties citizens have regarding access to ideas and information as rights? The few treatments dealing directly with this question have argued – often from a Hohfeldian footing – that ascriptions of user’s rights are inappropriate. Even commentators largely sympathetic to the public domain have found themselves drawn to this conclusion. In this paper, I vindicate the general applicability of rights language by arguing these deflationary accounts are mistaken – and are mistaken even in terms of the theories of rights they themselves deploy.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Hugh Breakey (2009). Liberalism and Intellectual Property Rights. Politics, Philosophy and Economics 8 (3):329-349.
Anne Barron (2012). Kant, Copyright and Communicative Freedom. Law and Philosophy 31 (1):1-48.
Yu-Lin Chang (2007). Who Should Own Access Rights? A Game-Theoretical Approach to Striking the Optimal Balance in the Debate Over Digital Rights Management. Artificial Intelligence and Law 15 (4):323-356.
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Zygmunt Bauman (2005). Freedom From, in and Through the State: T.H. Marshall's Trinity of Rights Revisited. Theoria 44 (108):13-27.
Seumas Miller (2000). Collective Rights and Minority Rights. International Journal of Applied Philosophy 14 (2):241-257.
Stephanie Nixon & Lisa Forman, Exploring the Synergies Between Human Rights and Public Health Ethics: A Whole Greater Than the Sum of its Parts.
Roberta Rosenthal Kwall, The Author as Steward 'for Limited Times': A Review of 'the Idea of Authorship in Copyright'. [REVIEW]
Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
Sorry, there are not enough data points to plot this chart.
Added to index2010-02-05
Recent downloads (6 months)0
How can I increase my downloads?