The Ethics of Authorship Midwestern Political Science Association National Conference Meeting 2010 Alina Ng March 5, 2010

Article 1, Section 8, Clause 8 Congress shall have the power to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries

§102 Copyright Act Copyright law protects original works of authorship fixed in any tangible medium of expression

Copyright & Utilitarianism All forms of authorship are encouraged because advancement in science and the useful arts is best achieved through diversity in expression

Copyright & Utilitarianism Diversity in expression facilitates civic discourses but this does not necessarily contribute towards the well- being and development of society

The Well-Being and Development of Society Depends upon not upon the creation of diverse forms of expression but rather upon authors creating works of authorship that are ethical

Ethical Authorship 1.Authors should allow social uses of works in a way that promotes progress 2.Authors should not create works that would affect society’s progress and development

Ethical Authorship 1.Authors should allow social uses of works in a way that promotes progress 2.Authors should not create works that would affect society’s progress and development

Society has privileges to access works of authorship 1.For purposes of progress 2.That are not harmful to society Authors have obligations towards society 1.To let their work be used for progress 2.To not adversely affect social progress

“The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.” Campbell v.Acuff-Rose Music, 510 U.S. 569 (1994)

Should legal institutions enforce moral obligations?

How paternalistic should a legal institution be?

Thank You