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Academic

: Legal Theory Blog

Jacob & Dorfman on Copyright as Tort

By Lawrence Solum

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Assaf Jacob (Interdisciplinary Center (IDC) Herzliya, Radzyner School of Law) & Avihay Dorfman (Tel Aviv University Faculty of Law) have posted Copyright as Tort (Theoretical Inquiries in Law, 2010) on SSRN. Here is the abstract:

In these pages we seek to integrate two claims. First, we argue that, taken to their logical conclusions, the considerations that support a strict form of protection for tangible property rights do not call for a similar form of protection when applied to the case of copyright. More dramatically, these considerations demand, on pain of glaring inconsistency, a substantially weaker protection for copyright. In pursuing this claim, we show that the form of protecting property rights (including rights in tangibles) is, to an important extent, a feature of certain normal, though contingent, facts about the human world. Second, the normative question concerning the selection of a desirable protection for creative works is most naturally pursued from a tort law perspective, in part because the normative structure of copyright law simply is that of tort law.

Full post as published by Legal Theory Blog on May 06, 2010 (boomark / email).