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Theoretical Inquiries in Law
Article
License: pd
Data sources: UnpayWall
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SSRN Electronic Journal
Article . 2011 . Peer-reviewed
Data sources: Crossref
Theoretical Inquiries in Law
Article . 2011 . Peer-reviewed
Data sources: Crossref
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Copyright and Truth

Authors: Borghi M.;

Copyright and Truth

Abstract

This Article calls into question the primary meaning of copyright\ud law. It argues that copyright is not primarily a legal instrument,\ud but rather a fundamental mode of human existence. The starting\ud point of the analysis is Kant’s definition of a book as a "public\ud address" and of author’s rights as ultimately being grounded in the\ud furtherance and maintenance of truth. Building on Kant’s argument,\ud the Article defines the copyright primary subject matter as the act of\ud speaking publicly in one’s own name, and the copyright sphere as the\ud author-public coalescence that such act of speaking generates. This\ud enables reaching a proper understanding of the scope of copyright\ud and to characterizing its specificity as compared to its "fellow rights,"\ud patents and trademarks

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    popularity
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    influence
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Average
Average
Green
hybrid