RETHINKING LOCKEAN COPYRIGHT AND FAIR USE

Abstract

[Two categories of criticism have recently been marshalled against Lockean copyright theory. Some argue that Locke’s property theory offers no justifi- cation for intellectual property rights at all, while others suggest that Lockean rights in intellectual property are too strong. This article responds to each of these criticisms by offering a new Lockean approach to copyright that balances property rights for producers and fair use rights for the public. The approach relies most strongly on Locke’s State of Nature/ Civil Society distinction and his dual concern for public and private rights.]