Copy Fights: The Future of Intellectual Property in the Information Age

By Adam Thierer; Wayne Crews | Go to book overview

Introduction: The Great Intellectual
Property Debate
Wayne Crews and Adam Thierer

Debates over the nature and scope of intellectual property law are centuries old, yet “new” at the same time. Over 200 years ago, America's founders struggled with the issue of intellectual property (IP) protection when they were authoring the Constitution. They arrived at a delicate balancing act contained in Article 1, Section 8, Clause 8, which gave Congress the power to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Although inclusion of this line in the Constitution was an important sign that the founders believed strong utilitarian reasons existed for extending temporary legal protections to artistic and scientific creations, the language of this brief clause did not answer specific questions regarding such matters as the length of protection for various artistic or scientific creations, or what “fair use” or “prior art” was to mean, for example. Consequently, two centuries of legal wrangling have ensued as legislators, regulators, and jurists struggled to determine how best to achieve that balance.

Practically speaking, balancing has always been a messy process. Lengths of copyright and patent protection have always varied (although they have continuously expanded over time), and “fair use” and “prior art” have always been remarkably amorphous terms open to endless subjective interpretations and determinations. This has resulted in incessant bickering between creators and users.

Today in America, and indeed throughout the world, those ongoing tensions have seemingly reached a boiling point. In fact, it is fair to say that the debate over IP protection has become more contentious than ever before. There is increased awareness of the importance of the issue to both the creative community and the user community as the radical winds of technological change blow

-xv-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Copy Fights: The Future of Intellectual Property in the Information Age
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 295

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.