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By Simon Stokes

The single ebook to be had within the united kingdom and is the reason the felony place in recognize of copyright in artworks.

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2–04. Copinger distinguishes four major principles underpinning the copyright system: natural law, just reward for labour, stimulus to creativity and social requirements. In the author’s view two of these principles merge together: “natural law” and “just reward for labour”, being both classed as “moral rights” arguments. 7 D. Thomas, Copyright and the Creative Artist (Institute of Economic Affairs, London, 1968) at 27 (“Thomas”). The Copyright System: Its Justification and History 11 rights to the author is an incentive for the author to create.

Isaac, Brand Protection Matters (Sweet & Maxwell, London, 2000) chap. 8 (“Isaac”). 10 Art and Copyright affect what people do and say and how they earn a living. 2 JUSTIFICATIONS FOR COPYRIGHT 5 The main justifications for copyright fall into three broad areas. 1 The Economic/Utilitarian Justifications for Copyright In Anglo-American copyright law economic arguments have been prevalent. 7 Therefore the grant of exclusive 4 See J. Waldron, “From Authors to Copiers: Individual Rights and Social Values in Intellectual Property Law” (1993) 68 Chicago-Kent LR 841 at 887 (as discussed in M.

This has resulted in a body of case law on copyright which, in some of its further reaches, would come as a surprise to the draughtsmen of the legislation to which it is supposed to give effect” (Autospin (Oil Seals) Ltd v. Beehive Spinning (A Firm) [1995] RPC 683). Indeed this comment of Laddie J highlights a major difficulty with the misappropriation justification: there are no inherent checks and balances in its application (unlike the utilitarian argument where the incentive to create is balanced by granting copyright for a limited term and the development of fair use and other limiting doctrines such as the idea/expression dichotomy, and the natural law argument where a public domain element needs to be preserved on the basis of Locke’s famous proviso)—see Joyce at 67 and n.

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