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Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents-who emphasize the importance of providing incentives for producers of creative works- from skeptics who emphasize the need for free and open access to knowledge.In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges' vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits.Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and-when subject to fair limits-these rights are an indispensable part of a well-functioning society.
LAW --- Intellectual Property / General --- Intellectual property --- Intangible property --- Law, Politics & Government --- Law, General & Comparative --- Philosophy --- Intangible property. --- Philosophy. --- Incorporeal property --- Intangible assets --- Intangibles --- IP (Intellectual property) --- Proprietary rights --- Rights, Proprietary --- Law and legislation --- Property --- E-books --- Intellectual property - Philosophy --- Intangible property - Philosophy
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What is 'intellectual property'? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection of core concepts. By analyzing the metaphysical structure of intellectual property law and the concepts the legal system uses to construct 'intellectual property', the book sheds new light on the nature of this fascinating area of law. It explains anomalies between social and intellectual property uses of concepts such as authorship - here dubbed 'creatorship' - and originality and it helps to explain the role of intellectual property from a structural (rather than the traditional normative) perspective.
Intellectual property --- Law. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- IP (Intellectual property) --- Proprietary rights --- Rights, Proprietary --- Intangible property --- Philosophy. --- Law and legislation --- Philosophy --- E-books --- Law --- General and Others --- Intellectual property - Philosophy --- Australie --- Royaume-Uni --- Etats-Unis
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