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Restoring the Natural Law: Copyright as Labor and Possession
Alfred C. Yen Boston College - Law School Ohio State Law Journal, Vol. 51, pp. 517-559, 1990 Boston College Law School Research Paper No. 1990-04 Abstract: In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright's development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright's natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.
Keywords: modern copyright jurisprudence, copyright law, natural law, economic efficiency, copyright protection, copyright theory, economic copyright model Accepted Paper SeriesDate posted: July 14, 2006 ; Last revised: October 13, 2008Suggested CitationContact Information
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