Comparative analysis of national approaches on voluntary copyright relinquishment

Guadamuz, Andres Comparative analysis of national approaches on voluntary copyright relinquishment. WIPO Report CDIP/13/INF/10.

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Abstract

The report considers first the question of how copyright is justified, as this may have some bearing on whether a country will allow an author to make a voluntary statement leading to the expiration of his/her rights. Copyright can variously be described as a natural right, as a reward for creators, as a stimulus for creativity, as a property right, as an economic reward and as part of the public interest. Two justifications are explored, the moral and the utilitarian. The moral justification places the existence of intellectual property as a natural result of the right of the creator to anything he or she produces. The moral element of copyright has given way to the economic one, but the existence of moral rights, particularly important in civil law jurisdictions, continues to strongly represent the elements of copyright as a personality right.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K1401 Intellectual property
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws > K7550 Intellectual property
Depositing User: Andres Guadamuz
Date Deposited: 05 Jun 2014 13:12
Last Modified: 12 Mar 2017 06:38
URI: http://sro.sussex.ac.uk/id/eprint/48900

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