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Intellectual property law in the United States does not work well
and it needs to be reformed--but not for the reasons given by most
critics. The issue is not that intellectual property rights are too
easily obtained, too broad in scope, and too long in duration.
Rather, the primary problem is overreaching by publishers,
producers, artists, and others who abuse intellectual property law
by claiming stronger rights than the law actually gives them. From
copyfraud--like phony copyright notices attached to the U.S.
Constitution--to lawsuits designed to prevent people from poking
fun at Barbie, from controversies over digital sampling in hip-hop
to Major League Baseball's ubiquitous restriction on sharing any
"accounts and descriptions of this game," overreaching claims of
intellectual property rights are everywhere.
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