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|Title||Liberty Versus Property: Cracks in the Foundation of Copyright Law|
|Author(s)||Richard A. Epstein|
|Abstract||The purpose of this Article is to recanvass what is surely old and familiar territory about the defense, if any, that can be made for various forms of intellectual property - in this instance, particularly copyright - as a matter of both natural law and utilitarian theory, broadly conceived. In dealing with this issue, it is important to note that within the Lockean tradition, the function of representative government is to protect the lives, liberties, and estates of the individuals who, as subjects and citizens, are subject to the exercise of state power.
Part I of this Article is an examination of the tension between liberty and property within the natural law tradition of Locke. It examines the natural law justifications for property in one's own person and in tangible objects. Part II of this Article carries the analysis over to the law of copyright.