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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, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 22 September 2021

The Rights of Others

The Rights of Others

(p.121) Seven The Rights of Others
Artistic License

Darren Hudson Hick

University of Chicago Press

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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