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Artistic LicenseThe Philosophical Problems of Copyright and Appropriation$
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Darren Hudson Hick

Print publication date: 2017

Print ISBN-13: 9780226460109

Published to Chicago Scholarship Online: September 2017

DOI: 10.7208/chicago/9780226460383.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 23 October 2019

The Rights of Others

The Rights of Others

Chapter:
(p.121) Seven The Rights of Others
Source:
Artistic License
Author(s):

Darren Hudson Hick

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226460383.003.0008

This chapter begins with a dissection of two legal doctrines limiting an author’s copyright: fair use and fair dealing. Where the former is notoriously loose, I argue, the latter is unwieldy (and ultimately drifts into the looseness of the former anyway). Taking up recently revived discussion of “users’ rights,” and given our understanding of copyright as a natural right, I draw an important in-principle line between justified and unjustified copying of another’s protected work. Although copyright is a natural right, I contend, it is not thus an absolute right.

Keywords:   copyright, fair use, fair dealing, users' rights, conflicting rights

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