Publication Date

3-1996

Journal

Michigan Law Review

Abstract

The article challenges traditional justifications for copyright law, particularly the notions of desert and corrective justice, arguing that these frameworks fail to provide a robust foundation for intellectual property rights. Instead, it posits that the justification for copyright protection must primarily lie in the incentive to promote creative activity. The analysis critiques the application of Lockean labor theory and restitutionary models, emphasizing that distributive justice, which focuses on the moral worth and social contributions of creators, offers a more coherent basis for copyright law.

Volume

94

Issue

5

First Page

1197

Last Page

1249

Publisher

University of Michigan Law School

Disciplines

Education Law | Intellectual Property Law | Law | Law and Economics

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