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Comparative analysis of national approaches on voluntary copyright relinquishment

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posted on 2023-06-08, 17:32 authored by Andres GuadamuzAndres Guadamuz
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.

History

Publication status

  • Published

File Version

  • Published version

Journal

WIPO Report CDIP/13/INF/10

Publisher

WIPO

Pages

38.0

Place of publication

Geneva

Department affiliated with

  • Law Publications

Institution

Committee on Development and Intellectual Property (CDIP)

Full text available

  • Yes

Peer reviewed?

  • No

Legacy Posted Date

2014-06-05

First Open Access (FOA) Date

2016-03-22

First Compliant Deposit (FCD) Date

2016-03-22

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