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Law and Politics
Reference:
Zhvalov, K.A.
Theoretical bases for good faith use in American copyright law
// Law and Politics.
2010. № 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51237
Zhvalov, K.A. Theoretical bases for good faith use in American copyright law
Abstract:
The article is devoted to the analysis of theoretical bases for the American doctrine of good faith use. The author views the leading concepts of good faith use, such as “market mistake theory” and “theory of balance of interests”. The author then comes to the conclusion on disputable character and limited application of these theories, illustrates a number of alternate theories.
Keywords:
jurisprudence, copyright, good faith use, market mistake, transaction costs, balance approach, tragedy of communities, free use, intellectual property rights, USA
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