Copyright Laws Essay Reflective Narrative Essay Examples
Here, it is sufficient to explain that Lockean theory was determinative in designing IP law, and in fact it drove the creation and application of many doctrines that have come to be settled IP law in the United States, at least with respect to legally securing patented innovation.To understand this point, though, one must first understand how legal doctrines are generally construed and applied by courts and other legal actors.
This is John Locke’s property theory, and while his property theory is not the only labor-desert theory, for ease of reference, I shall refer to it as the “Lockean theory.” Of course, in a short essay, one cannot explicate every premise or respond to every reasonable counterpoint deserving of a response, and thus what follows is only an outline of the Lockean justification for IP rights.
Thus, this indeterminacy critique is really a strawman attack on Lockean theory.
Such deeper philosophical concerns, including a deeper conceptual dispute about what comprises the concept of property itself, are beyond the scope of this essay.
This is why Locke himself expressly recognizes that copyright is property.
He also wrote approvingly of inventions and the technical arts as exemplars of the value-creating, productive labor that creates all property (contrary to oft-repeated, mistaken claims about Locke’s view of IP rights by some scholars today).