Copyright and truth

Authors: Borghi, M.

Journal: Theoretical Inquiries in Law

Volume: 12

Issue: 1

Pages: 1-27

eISSN: 1565-3404

DOI: 10.2202/1565-3404.1261

Abstract:

This Article calls into question the primary meaning of copyright law. It argues that copyright is not primarily a legal instrument, but rather a fundamental mode of human existence. The starting point of the analysis is Kant's definition of a book as a "public address" and of author's rights as ultimately being grounded in the furtherance and maintenance of truth. Building on Kant's argument, the Article defines the copyright primary subject matter as the act of speaking publicly in one's own name, and the copyright sphere as the author-public coalescence that such act of speaking generates. This enables reaching a proper understanding of the scope of copyright and to characterizing its specificity as compared to its "fellow rights," patents and trademarks. Copyright © 2011 The Berkeley Electronic Press. All rights reserved.

https://eprints.bournemouth.ac.uk/20841/

Source: Scopus

Copyright and Truth

Authors: Borghi, M.

Journal: Theoretical Inquiries in Law

Volume: 12

Issue: 1

Pages: 1-27

Abstract:

This Article calls into question the primary meaning of copyright law. It argues that copyright is not primarily a legal instrument, but rather a fundamental mode of human existence. The starting point of the analysis is Kant’s definition of a book as a "public address" and of author’s rights as ultimately being grounded in the furtherance and maintenance of truth. Building on Kant’s argument, the Article defines the copyright primary subject matter as the act of speaking publicly in one’s own name, and the copyright sphere as the author-public coalescence that such act of speaking generates. This enables reaching a proper understanding of the scope of copyright and to characterizing its specificity as compared to its "fellow rights," patents and trademarks

https://eprints.bournemouth.ac.uk/20841/

Source: Manual

Copyright and Truth

Authors: Borghi, M.

Journal: Theoretical Inquiries in Law

Volume: 12

Issue: 1

Pages: 1-27

ISSN: 1565-3404

Abstract:

This Article calls into question the primary meaning of copyright law. It argues that copyright is not primarily a legal instrument, but rather a fundamental mode of human existence. The starting point of the analysis is Kant’s definition of a book as a "public address" and of author’s rights as ultimately being grounded in the furtherance and maintenance of truth. Building on Kant’s argument, the Article defines the copyright primary subject matter as the act of speaking publicly in one’s own name, and the copyright sphere as the author-public coalescence that such act of speaking generates. This enables reaching a proper understanding of the scope of copyright and to characterizing its specificity as compared to its "fellow rights," patents and trademarks

https://eprints.bournemouth.ac.uk/20841/

Source: BURO EPrints