Title

Copyright's Derivative Works Doctrine and an Upside-Down Proviso

Authors

Wendy J. Gordon, Boston University School of LawFollow

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Lecture Draft

Publication Date

3-2010

Language

en-US

Abstract

It is sometimes observed that questions of "justice in acquisition" do not much arise any more. However, judges face those questions on a daily basis in courtrooms adjudicating copyright and patent matters. In United States copyright law, for example, an intriguing dilemma regarding derivative works has developed that raises what appears to be a new issue regarding John Locke's sufficiency proviso.

Comments

This is a draft for a Centre for Intellectual Property and Information Law Guest Lecture given at the University of Cambridge on March 8, 2010 that was ultimately titled "Derivative Rights in the US: Turning Locke's Proviso Upside Down."

Recommended Citation

Wendy J. Gordon, Copyright's Derivative Works Doctrine and an Upside-Down Proviso (Mar. 2010) (unpublished manuscript).