Restoring the Natural Law: Copyright as Labor and Possession

45 Pages Posted: 14 Jul 2006


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

Suggested Citation

Yen, Alfred Chueh-Chin, Restoring the Natural Law: Copyright as Labor and Possession. Ohio State Law Journal, Vol. 51, pp. 517-559, 1990, Boston College Law School Research Paper No. 1990-04, Available at SSRN:

Alfred Chueh-Chin Yen (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States
617-552-4395 (Phone)
617-552-2615 (Fax)

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