Rethinking Lockean Copyright and Fair Use

Abstract:     
Two categories of criticism have recently been marshaled against Lockean copyright theory. Some argue that Locke's property theory offers no justification for intellectual property rights at all, while others suggest that Lockean rights in intellectual property are too strong. This article responds to each of these criticisms by offering a new Lockean approach to copyright that balances property rights for producers and fair use rights for the public. The approach relies most strongly on Locke's State of Nature/ Civil Society distinction and his dual concern for public and private rights.

Keywords: Locke, copyright, property theory, labor-desert

Accepted Paper Series