Results for 'copyright'

348 found
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  1.  23
    Copy Me Happy: The Metaphoric Expansion of Copyright in a Digital Society. [REVIEW]Stefan Larsson - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (3):615-634.
    The article uses conceptual metaphor theory to analyse how the concept of “copy” in copyright law is expanding in a digital society to cover more phenomena than originally intended. For this purpose, the legally accepted model for valuing media files in the case against The Pirate Bay (TPB) is used in the analysis. When four men behind TPB were convicted in the District Court of Stockholm, Sweden, on 17 April 2009, to many, it marked a victory over online piracy (...)
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  2.  40
    The Social Construction of Copyright Ethics and Values.Sheila Slaughter & Gary Rhoades - 2010 - Science and Engineering Ethics 16 (2):263-293.
    This study is based on analysis of copyright policies and 26 interviews with science and engineering faculty at three research universities on the topic of copyright beliefs, values, and practices, with emphasis on copyright of instructional materials, courseware, tools, and texts. Given that research universities now emphasize increasing external revenue flows through marketing of intellectual property, we expected copyright to follow the path of patents and lead to institutional emphasis of policies and practices that enhanced universities’ (...)
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  3.  7
    Private Copying Exception in Lithuanian Copyright Law: Compatibility with the European Union Law After Preliminary Ruling in Padawan Case.Antanas Rudzinskas & Ąžuolas Čekanavičius - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):125-141.
    Private copying exception is an exception to copyright which is present both in Lithuanian national law and law of the European Union. Recent jurisprudence of Court of Justice of the European Union interpreted legal regulation of private copying exception in the laws of the European Union. The mentioned jurisprudence raised concern whether Lithuanian copyright laws on private copying exception and their interpretation in case law of Supreme Court of Lithuania are compatible with the European Union law. This paper (...)
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  4.  3
    Owners of Databases Copyright and Sui Generis Right.Ramūnas Birštonas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 116 (2):211-227.
    Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases of 11 March 1996, which was intended to protect the interests of the makers of databases, determined that databases could be protected by double rights: copyright and sui generis right. The article first of all analyses what persons are entitled to be acknowledged as holders of copyright and sui generis right in respect of a newly created database. As the issue of the (...)
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  5.  40
    Prudent Policy?: Reassessing the Digital Millennium Copyright Act.K. A. Henderson, R. A. Spinello & T. A. Lipinski - 2007 - Acm Sigcas Computers and Society 37 (2):25-40.
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  6.  6
    Investigating Copyright Terminology and Collocations in Polish, English, Japanese and German.Paula Trzaskawka - 2017 - Studies in Logic, Grammar and Rhetoric 49 (1):225-246.
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  7.  9
    Copyright Licensing.Richard Hooper - 2013 - Logos 24 (2):33-40.
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  8. Copyright or Copyleft?: An Analysis of Property Regimes for Software Development.Paul B. de Laat - 2005 - Research Policy 34 (10):1511-1532.
    Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued (...)
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  9.  4
    Born Political: A Dispositive Analysis of Google and Copyright.Glen Whelan - 2019 - Business and Society 58 (1):42-73.
    Google is a complex and complicated political beast with a significant, and often confusing, interest, in copyright matters. On one hand, for example, Google is widely accused of profiting from piracy. On the other, Google routinely complies with what is rapidly approaching a billion copyright takedown requests annually. In the present article, Foucault, neo-Gramscians, and Deleuze and Guattari are utilized to help construct a 32 dispositive analysis framework that overlaps three dispositive modalities and perspectives. In applying the framework (...)
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  10.  34
    Learned Inquiry and the Net: The Role of Peer Review, Peer Commentary and Copyright.Stevan Harnad - unknown
    Peer Review and Copyright each have a double role: Formal refereeing protects (R1) the author from publishing and (R2) the reader from reading papers that are not of sufficient quality. Copyright protects the author from (C1) theft of text and (C2) theft of authorship. It has been suggested that in the electronic medium we can dispense with peer review, "publish" everything, and let browsing and commentary do the quality control. It has also been suggested that special safeguards and (...)
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  11.  8
    Teaching Copyright: Moral Balancing in the Age of Appropriation.Courtney R. Davis - 2018 - Teaching Ethics 18 (1):27-38.
    Creative influence, be it in the form of subtle inspiration or unequivocal imitation, has impacted the development of artistic styles and schools of thought for millennia. Since the late twentieth century, appropriation artists have drawn attention to these customs by intentionally borrowing or copying from preexisting sources with little or no transformation, despite these practices running into direct conflict with United States copyright law. Indeed, recent decades have witnessed several noteworthy lawsuits involving prominent artists who have challenged the boundaries (...)
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  12.  93
    On the Web, Plagiarism Matters More Than Copyright Piracy.John W. Snapper - 1999 - Ethics and Information Technology 1 (2):127-135.
    Although commonly confused, the values inherent in copyright policy are different from those inherent in scholarly standards for proper accreditation of ideas. Piracy is the infringement of a copyright, and plagiarism is the failure to give credit. The increasing use of Web-based electron publication has created new contexts for both piracy and plagiarism. In so far as piracy and plagiarism are confused, we cannot appreciate how the Web has changed the importance of these very different types of wrongs. (...)
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  13. Kant, Copyright and Communicative Freedom.Anne Barron - 2012 - Law and Philosophy 31 (1):1-48.
    The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection (...)
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  14. Microsoft on Copyright: An Ethical Analysis.James Wilson - unknown
    “This chapter looks at four arguments which Microsoft has used to justify the claim that illegal copying of software is wrong: software piracy is theft; software piracy violates the rights of copyright holders; software piracy is free riding; and software piracy reduces incentives to future innovation. It argues that the first argument is simply wrong, and the other three do not establish that it is in fact wrong to pirate Microsoft’s programs.
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  15.  11
    How to Protect Traditional Folk Music? Some Reflections Upon Traditional Knowledge and Copyright Law.Giovanna Carugno - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (2):261-274.
    Traditional folk music refers to customary songs and tunes played since time immemorial in a specific area. As an expression of culture and identity, this kind of music can be deemed as the heritage of the local community in its entirety, and derives from musical practices transmitted orally and repeated over a long period of time by a group of people, who, in so doing, keep their traditions alive. From this point of view, the owner of traditional folk music is (...)
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  16.  82
    Intellectual Property and Copyright Ethics.Mark Alfino - 1991 - Business and Professional Ethics Journal 10 (2):85-109.
    Philosophers have given relatively little attention to the ethical issues surrounding the nature of intellectual property in spite of the fact that for the past ten years the public policy debate over "fair use" of copyrighted materials in higher education has been heating up. This neglect is especially striking since copyright ethics are at stake in so many aspects of academic life: the photocopying of materials for classroom use and scholarly work, access to electronic texts, and the cost and (...)
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  17.  12
    What Is a Copyright Work?Brad Sherman - 2011 - Theoretical Inquiries in Law 12 (1):99-121.
    The work, which came into its own with the emergence of modern copyright law at the turn of the twentieth century, occupies a pivotal position in copyright law. Focusing on the question of how copyright decides whether part of a work should be treated as a separate and distinct object, this Article looks at some of the techniques that copyright law uses to decide both what is a work and when a new work comes into being. (...)
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  18.  29
    Copyright in Works of Artistic Craftsmanship: An Analysis.Patrick Masiyakurima - 2016 - Oxford Journal of Legal Studies 36 (3):505-534.
    Copyright in works of artistic craftsmanship is riven with significant controversies concerning the meaning of ‘artistic quality’ and ‘craftsmanship’. Judges have devised several tests with the goal of determining the artistic quality of a work. However, one of the lowest common denominators of these tests is that they harbour significant drawbacks. This article argues that Britain ought to use the ‘intellectual creation test’ to resolve artistic quality issues. It is also argued that problems with works of artistic craftsmanship reflect (...)
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  19.  20
    Dematerialization, Pragmatism and the European Copyright Revolution.Jonathan Griffiths - 2013 - Oxford Journal of Legal Studies 33 (4):767-790.
    A model of copyright protection under which the law’s attention is directed towards a dematerialized, malleable essence (‘originality’, ‘labour and skill’ or ‘creativity’) has gradually evolved in the UK. This model has come to regulate all fundamental questions concerning the scope and attribution of rights. Nevertheless, until very recently, some aspects of copyright doctrine have remained incompatible with this dominant model. In certain situations, rather than focusing purely on an abstract property, the law has continued to limit a (...)
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  20.  7
    Tailoring Copyright to Social Production.Niva Elkin-Koren - 2011 - Theoretical Inquiries in Law 12 (1):309-347.
    The prevalence of social production and the increase in User Generated Content destabilize some of the fundamental premises of our current copyright law. Copyright law is primarily designed to regulate the relationships of a single owner with other non-owners and is focused on the sovereignty of the author/owner. Social production, by contrast, requires us to articulate a matrix of relationships between the individual, the facilitating platform and the communities and crowds involved in social production. The transition from industrial (...)
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  21.  6
    Copyright and Social Movements in Late Nineteenth-Century America.Steven Wilf - 2011 - Theoretical Inquiries in Law 12 (1):123-160.
    The cultural turn in copyright law identified authorship as a rhetorical construct employed by economic interests to strengthen claims to property rights. Grassroots intellectual property political movements have been seen as both a means of countering these interests’ everexpanding proprietary control of knowledge and establishing a more public regarding copyright system. This Article examines one of the most notable intellectual property political movements, the emergence of late nineteenth-century agitation to provide copyright protection for foreign authors as a (...)
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  22.  15
    Authorship, Aesthetics and the Artworld: Reforming Copyright’s Joint Authorship Doctrine.Laura Biron & Elena Cooper - 2016 - Law and Philosophy 35 (1):55-85.
    This article considers the extent to which insights from the philosophy of art can assist copyright law in identifying the author or authors of works to which many have contributed. In doing so, it looks to institutional theories of art, which go beyond a simple bifurcation of ‘author’ and ‘work’, and focus instead on broader determinants of an art work’s production, such as the ‘artworld’. It puts forward a framework focusing on three components of authorship supported by these theories: (...)
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  23.  5
    Copyright and Truth.Maurizio Borghi - 2011 - Theoretical Inquiries in Law 12 (1):1-27.
    This Article calls into question the primary meaning of copyright law. It argues that copyright is not primarily a legal instrument, but rather a fundamental mode of human existence. The starting point of the analysis is Kant’s definition of a book as a "public address" and of author’s rights as ultimately being grounded in the furtherance and maintenance of truth. Building on Kant’s argument, the Article defines the copyright primary subject matter as the act of speaking publicly (...)
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  24.  5
    Technological Neutrality: Recalibrating Copyright in the Information Age.Carys J. Craig - 2016 - Theoretical Inquiries in Law 17 (2):601-632.
    This Article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of technological neutrality apparent in copyright jurisprudence. Ultimately, it is argued that true technological neutrality requires not simply the seamless expansion of legal rights into new technological contexts, but the careful, contextual recalibration of rights and interests in (...)
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  25.  5
    Copyright as Tort.Assaf Jacob & Avihay Dorfman - 2011 - Theoretical Inquiries in Law 12 (1):59-97.
    In these pages we seek to integrate two claims. First, we argue that, taken to their logical conclusions, the considerations that support a strict form of protection for tangible property rights do not call for a similar form of protection when applied to the case of copyright. More dramatically, these considerations demand, on pain of glaring inconsistency, a substantially weaker protection for copyright. In pursuing this claim, we show that the form of protecting property rights is, to an (...)
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  26.  17
    The Aesthetics of Copyright.Eberhard Ortland - 2008 - Proceedings of the Xxii World Congress of Philosophy 1:227-232.
    Copyright law is a crucial part of the normative framework of the artistic and art-related practices in the modern world. It facilitates the production and public accessibility of certain works of art and literature, music, moving images, etc. At the same time, it prevents the production and public accessibility of others whichmight have been just as interesting as those we got to know. Intellectual property norms imprint our ideas of authorship as well as the ontological constitution of artworks. Yet (...)
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  27.  8
    Copyright and Educational Policies: A Stakeholder Analysis.Suthersanen Uma - 2003 - Oxford Journal of Legal Studies 23 (4):585-609.
    Copyright is accepted as being the necessary and efficient response to the need of authors and publishers to appropriate the economic value of copyright works from users. Nevertheless, difficulties arise when such works are both produced and consumed within universities. The law recognizes that copyright cannot be an absolute right and in certain circumstances, the scope of copyright protection is limited by the statute. Where educational usage of works is concerned, the British copyright law has (...)
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  28.  12
    Lobbying and Lawmaking in the European Union: The Development of Copyright Law and the Rejection of the Anti-Counterfeiting Trade Agreement.Benjamin Farrand - 2015 - Oxford Journal of Legal Studies 35 (3):487-514.
    The purpose of this article is to examine the issue of ‘lobbying’ in the EU legislative process, using an interdisciplinary analysis of the development of copyright laws as a way of explaining why and how some lobbyists are more successful than others in having their preferences taken into account in legislation. As this article will demonstrate, the keys to successful lobbying in this field are information exchange, the ability to frame issues at an early stage in the legislative process (...)
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  29.  4
    Hebrew Authors and English Copyright Law in Mandate Palestine.Michael D. Birnhack - 2011 - Theoretical Inquiries in Law 12 (1):201-240.
    This Article discusses the first steps of Israeli copyright law, dating it back to Ottoman times, which is earlier than thus far discussed in the literature. The account provides an early case of legal globalization through colonialism. The imposition of copyright law in Palestine enables us to observe the difficulties of applying an uninvited legal transplant and to trace its dynamics. The discussion queries the fate of copyright law in Mandate Palestine from two perspectives. First, the Colonial-Imperial (...)
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  30.  4
    Is Copyright Property? -- The Debate in Jewish Law.David Nimmer & Neil W. Netanel - 2011 - Theoretical Inquiries in Law 12 (1):241-274.
    Is copyright a property right? Common law and civil law jurists have debated that issue for over three centuries. It remains at the heart of battles over copyright’s scope and duration today, even if its import lies principally in the rhetorical force of labeling a right as "property," not in any doctrinal consequence flowing directly from that label. In parallel to their common law and civil law counterparts, presentday rabbinic jurists engage in lively debate about whether Jewish law (...)
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  31.  6
    Semiotics and the Spectacle of Transformation in Copyright Law.David Tan - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (4):593-623.
    Copyright law is often premised on the identification of an author of a literary, dramatic, musical, or artistic work, and then giving this author exclusive rights for a limited period to control the commercial exploitation of his or her intellectual creation. However, the hegemonic modernist position of the romantic authorial text has been challenged by numerous scholars who have argued that the meaning of a text lies not in its origin but in its destination. Roland Barthes’ work, controversial at (...)
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  32.  11
    Copyright and Its Categories of Original Works.Justine Pila - 2010 - Oxford Journal of Legal Studies 30 (2):229-254.
    In this article, the categories of literary, dramatic, musical and artistic (LDMA) works in which copyright subsists are considered, and an argument made that the legislature’s division of protected works into categories is appropriate given the psychology of art appreciation, and the fact that in order to perceive a work qua work one must perceive it in relation to a category of work. Nonetheless, an argument is also made that the statutory definitions of LDMA works suffer from the defects (...)
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  33.  10
    The Incentives Argument Revisited: A Millean Account of Copyright.Michael Falgoust - 2014 - Southern Journal of Philosophy 52 (2):163-183.
    The U.S. Constitution employs a utilitarian view in authorizing Congress to establish patents and copyrights. Let us refer to this way of justifying copyright as the Incentives Argument, or more extensively, the Incentives Argument for Intellectual Property Rights. While seemingly straightforward, the Incentives Argument has been widely criticized in philosophical literature on intellectual property. Scholars have come to prefer Neo-Lockean labor-desert accounts, grounding intellectual property rights in the author's natural ownership claims over his creations. Neo-Lockean accounts are thought to (...)
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  34.  19
    Copyright and Incomplete Historiographies: Of Piracy, Propertization, and Thomas Jefferson.Justin Hughes - manuscript
    This article describes how historical claims frequently made in arguments about the propertization of copyright are incomplete, focusing on three examples: that intellectual property is a much older phrase than current scholarship would lead one to believe; that, regardless, copyright has been understood as property (literary, artistic, etc.) since the 18th century; that infringement of all sorts have generally been called piracy for at least that long; and that appeals to Thomas Jefferson for weaker intellectual property rights are (...)
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  35.  19
    Digital Copyright and the Possibility of Pure Law.Gordon Hull - 2003 - Qui Parle 14:21-47.
    This paper attempts a theoretical discussion of effects on the legal regime of copyright induced by the change from material to digital media. Specifically, a fundamental question remains unanswered: what is the relationship between an object and a copy? A conceptually clear answer to this question has been unnecessary because it has always been possible to provide an ad hoc answer through visual inspection of an object. Authorized mechanical reproductions – authorized copies – look similar to one another, and (...)
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  36.  13
    Contra Copyright, Again.Wendy McElroy - 2011 - Libertarian Papers 3:12.
    This revised version of the author’s 1985 article “Contra Copyright” includes a new, introductory section explaining the background of the author’s path to copyright abolitionism. The main article surveys various libertarian debates on this issue, including the anti-intellectual property views of Benjamin Tucker and the pro-IP views of Lysander Spooner. McElroy argues that the issue of copyright hinges on the question: can ideas be property? Because only scarce goods can be property, and ideas are not scarce, (...) must be rejected as unjustified. (shrink)
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  37.  6
    The Unbearable Erosion of Common Goods: Copyright Extension and Eldred V. Ashcroft.Julie van Camp - 2005 - Philosophy in the Contemporary World 12 (2):62-67.
    I identify issues of philosophical concern in Eldred v. Ashcroft, the U.S. Supreme Court’s decision on copyright extension, and encourage the participation of philosophers in these public policy debates. Philosophers have contributions to make to the dialogue not captured exclusively by the technical and often narrow legal debate in the courts.
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  38.  4
    Honour in UK Copyright Law is Not ‘A Trim Reckoning’ – Its Impact on the Integrity Right and the Destruction of Works of Art.Tania Cheng-Davies - 2016 - Oxford Journal of Legal Studies 36 (2):272-303.
    The meaning of ‘honour’ in section 80 of the Copyright Designs and Patents Act 1988 is not easily ascertained. There has been a tendency for academics and judges to either equate the concept of ‘honour’ with that of ‘reputation’, or to ignore its presence altogether. The author will propose that there is little to justify such treatment of this concept. This article offers a reinterpretation of the concept by analysis of anthropological theories of honour and of the Roman law (...)
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  39. On Water Drinkers and Magical Springs: Challenging the Lockean Proviso as a Justification for Copyright.Maxime Lambrecht - 2015 - Ratio Juris 28 (4):504-520.
    Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?
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  40. Copyright and Freedom of Expression: A Philosophical Map.Alexandra Couto - 2008 - In A. Gosseries, A. Marciano & A. Strowel (eds.), Intellectual Property and Theories of Justice. Palgrave.
  41.  3
    Ideas, Expressions, Universals, and Particulars: Metaphysics in the Realm of Software Copyright Law.Thomas M. Powers - 2004 - In H. Tavani & R. Spinello (eds.), Intellectual Property Rights in a Networked World. Idea Group.
    in Intellectual Property Rights in a Networked World, eds. H. Tavani and R. Spinello, 2004.
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  42.  7
    Darren Hudson Hick. Artistic License: The Philosophical Problems of Copyright and Appropriation. Chicago: University of Chicago Press, 2017. 240 Pp. [REVIEW]Paul K. Saint-Amour - 2018 - Critical Inquiry 44 (4):805-806.
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  43.  17
    Copyright, Authorship and the Public Domain: A Reply to Mark Rose and Niva Elkin-Koren.Abraham Drassinower - 2018 - Jurisprudence 9 (1):179-185.
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  44.  46
    It Is Ethical to Patent or Copyright Genes, Embryos, or Their Parts.Lawrence M. Sung - 2013 - In Arthur L. Caplan & Robert Arp (eds.), Contemporary Debates in Bioethics. Wiley. pp. 25--143.
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  45.  10
    Free Software and Copyright Enforcement: A Tool for Global Copyright Policy?Ville Oksanen & Mikko Välimäki - 2006 - Knowledge, Technology & Policy 18 (4):101-112.
  46.  4
    Hick, Darren Hudson. Artistic License: The Philosophical Problems of Copyright and Appropriation. The University of Chicago Press, 2017, VIII + 231 Pp., $30.00 Paper. [REVIEW]James O. Young - 2018 - Journal of Aesthetics and Art Criticism 76 (3):362-365.
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  47.  35
    Library of Congress Catalogue of Copyright Entries for Motion Pictures Entry For.John Cruickshank - 1992 - The Chesterton Review 18 (1):142-144.
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  48. Copyright© The Monist: An International Quarterly Journal of General Philosophical Inquiry, Open Court Publishing Company, Chicago, Illinois. Reprinted by Permission.Disvalues In Nature - 1992 - The Monist 75 (2):250-278.
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  49.  24
    Moral Philosophy, Information Technology, and Copyright: The Grokster Case.Wendy J. Gordon - 2008 - In M. J. van den Joven & J. Weckert (eds.), Information Technology and Moral Philosophy. Cambridge University Press. pp. 270.
  50. Copyright ©2000. All Rights Reserved.Steve Waddell - 2000 - Business and Society Review 105 (1):107-126.
    Corpore citizenship is one of th latest frameworks to talk about the relationship between business and society. Its foundation swirs around the dual concepts associated with citizenship of rights and respodabilities side. Today the term is used on the one hand to connect business activity to broader social accountability ans service for mutual benefit, and yet on the other it reinforces the view that a corporation is an entity with status equivalent to a person. It holds both the proomise of (...)
     
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