LOCKEAN PROPERTY AND LITERARY WORKS

Abstract

This paper develops a Lockean account of literary property. Seana Shiffrin has recently argued, on the basis of an egalitarian interpretation of Locke's theory of property, that the Lockean view does not justify property rights in intellectual works. I argue that Shiffrin fails to take an important strand of Locke's view into account, namely, the view that makers have rights to what they have made. If this aspect of Locke's view is given its proper place, a plausible Lockean account of property in literary works can be developed. This account of literary property places us in a better position to appreciate both the strengths and weaknesses of the Lockean theory of intellectual property.

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