Benjamin G. Damstedt

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Limiting Locke: A Natural Law Justification for the Fair Use Doctrine

112 Yale L.J. 1179 (2003) Focusing a discussion of intellectual property on a 300-year-old text may seem unusual, but John Locke's Two Treatises of Government has an uncommon place in American intellectual property theory. Historically, Lockean natural rights informed the Framers' understanding of intellectual property law. Courts also have a long history of using natural law justifications in intellectual property...