New on LLRX – Copyrights, Fundamental Rights, and the Constitution

by Sabrina I. Pacifici on April 28, 2013

Via LLRX.comCopyrights, Fundamental Rights, and the Constitution – The recent Supreme Court decision, Kirtsaeng v. John Wiley & Sons, addresses fair use and the “first sale” doctrine, upon whose protection libraries, used-book dealers, technology companies, consumer-goods retailers, and museums have long relied. Professor Annmarie Bridy’s commentary focuses on the position that intellectual property rights in general and copyrights in particular are important, and when their scope is circumscribed to ensure the existence of a robust public domain, they benefit society. However important IP rights are, though – and reasonable people disagree pretty vigorously about that – they are not fundamental in the Constitutional sense.

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