David Simon on Moral Rights Analogies

In this episode, David A. Simon, Project Researcher at the Hanken School of Economics and Visiting Assistant Professor at the University of Kansas School of Law, discusses his article "Analogies in IP: Moral Rights," which will be published in the Yale Journal of Law and Technology. Simon begins by explaining what "moral rights" are in copyright law, and how they differ from the traditional economic justifications for copyright protection. He then explains the different ways in which we use analogical reasoning in the law, primarily for the purpose of prediction and illustration. He identifies the analogies commonly used to illustrate moral rights and asks whether they are helpful or misleading. And he argues that moral rights analogies are used primarily for rhetorical purposes, rather than explanation. Simon is on Twitter at @David_Simon.

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