‘Unevenly Cooked: Raw Materials and Fair Use’

Andrew Gilden, Raw Materials and the Creative Process, 104 Georgetown Law Journal 355 (2016). Over the past decade or two, intellectual property scholars have learned to pay attention to the rhetoric that people use when arguing and advocating. In particular, many scholars have challenged the use of property rhetoric about ‘owning’ and ‘stealing’ by those seeking expanded IP protection. According to these scholars, this rhetoric has the potential to pump inappropriate moral intuitions and to distort the utilitarian analysis that is supposed to guide IP policymaking … (more)

[Christopher J Buccafusco, JOTWELL, 26 May]

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