Abstract

ROJO, Facundo. Philosophical Foundations of the Fair Use Doctrine. Isonomía [online]. 2014, n.41, pp.69-96. ISSN 1405-0218.

The article analyses to what extent the fair use doctrine is consistent with three of the main justifications of intellectual property (the Hegelian, the Lockean and the utilitarian), in order to assess to what extent it can be considered to be fair. To develop the analysis it first examines how American judges have interpreted the scope and application of this doctrine and then evaluates to what extent this interpretation is consistent with each of the three aforementioned justifications.

Keywords : intellectual property; copyright; fair use; Locke; Hegel; utilitarianism.