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Florida Journal of International Law

Abstract

This paper explores the reference to a creative expression as “mine” in relation to the question of why there is a property right in the reproduction of creative expressions from an historical, philosophical and social psychological perspective. And why does this matter? The law is not created in a vacuum; it reflects history, human nature, culture, and many other considerations. As the introductory quotation properly points out, we must understand the human tendency to lay claim to creative expressions in order to have the wisdom to decide if a legal property right should still be acknowledged or if it is time consider some alternatives. History, philosophy and social psychology relating to intellectual property, specifically copyright, and property in general provides a rich resource for such a discourse through not a panacea.

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