Genius against Copyright: Revisiting Fichte's Proof of the Illegality of Reprinting

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Citation: Mario Biagioli Genius against Copyright: Revisiting Fichte's Proof of the Illegality of Reprinting.
Internet Archive Scholar (search for fulltext): Genius against Copyright: Revisiting Fichte's Proof of the Illegality of Reprinting
Wikidata (metadata): Q64516119
Download: https://scholarship.law.nd.edu/ndlr/vol86/iss5/3/
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Summary

Explores unnoticed paradoxes in Fichte's a priori argument for the author's property as personal expression or genius that is so closely and fully identified with the author's individuality it is inalienable. Fichte also recognized the act of reading as personal expression. Either copyright must only restrict verbatim copying (not derivative works) or, if made more expansive, it cannot be supported by Fichte's argument.


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