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A difficulty posed by the idea-expression distinction is that "[n]obody has ever been able to fix that boundary, and nobody ever can", as Judge Learned Hand wrote for the Second Circuit Court of Appeals in 1930's Nichols v. Universal Pictures Corp., holding that while a fictional character can be copyrighted, it must be well-developed. [24]
Intellectual freedom encompasses many areas including issues of academic freedom, Internet filtering, and censorship. [4] Because proponents of intellectual freedom value an individual's right to choose informational concepts and media to formulate thought and opinion without repercussion, restrictions to access and barriers to privacy of information constitute intellectual freedom issues.
The marketplace of ideas is a rationale for freedom of expression based on an analogy to the economic concept of a free market.The marketplace of ideas holds that the truth will emerge from the competition of ideas in free, transparent public discourse and concludes that ideas and ideologies will be culled according to their superiority or inferiority and widespread acceptance among the ...
The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown, in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own ... as the wheat he cultivates, or the ...
Under the Miller test, speech is unprotected if "the average person, applying contemporary community standards, [54] would find that the [subject or work in question], taken as a whole, appeals to the prurient interest", "the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by ...
Apart from bringing ease to the ego of a person, new knowledge and ideas also bring a hope for the future. [ 1 ] Freedom of thought is the precursor and progenitor of—and thus is closely linked to—other liberties, including freedom of religion , freedom of speech, and freedom of expression. [ 2 ]
It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began: "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ...
A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. [5] Historically, the right can be traced back [2] to English documents such as Magna Carta, which, by its acceptance by the monarchy, implicitly affirmed the right. 14 Edw III Statute 1 Chapter 5 (1340) [6] put ...
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