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Subsistence Negating Claims

Stavroula Karapapa

in Defences to Copyright Infringement: Creativity, Innovation and Freedom on the Internet

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198795636
eISBN:
9780191836930
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795636.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

One of the main defences against allegations of copyright infringement is that no infringement took place because copyright does not subsist in the subject matter at issue. This could be because the ... More


No Law: Intellectual Property in the Image of an Absolute First Amendment

David L. Lange and H. Jefferson Powell

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The First Amendment, however, prohibits Congress from enacting any law that ... More


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