Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Wednesday, March 10, 2010

Freedom of Expression and Copyright

Xinglong Cao, A University School of Law, has published "Expression in Copyright, and its Reflections in Patent and 'Freedom of Expression'." Here is the abstract.


This article carefully peruses the pivotal theories in copyright, patent and "freedom of expression," including dichotomies of expression/idea, aesthetics/utility, invention/nature, method/idea. The finding is that the existent definition of expression, invention and method induces contradiction in case decisions, leaving thorny crux unsettled, especially in the tide of modern scientific and technological development. The author's philosophical research reaches that the traditional dichotomies are unfeasible in actuality, for the ubiquitous merger of the antithesis. The conclusion is that expression, invention or the method of communication is always merged with uncertain idea, or nature. This new theory provides an efficient approach for the current and impending puzzles in the intellectual property field, such as self-justification of the legal systems, randomized works in modern society, without toppling the existent intellectual property institution. Still, such a new theory puts forward some unsettled question for the future.

Download the paper from SSRN at the link.

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