Theories of intellectual property rights. Intellectual Property (Stanford Encyclopedia of Philosophy) 2019-01-05

Theories of intellectual property rights Rating: 9,9/10 537 reviews

JIPLP: Theories of intellectual property: Is it worth the effort?

theories of intellectual property rights

As long as idea X is known to other people, it can inspire ideas Y and Z. Justification by personality rights In continental Europe, copyright law contains more than just economic aspects such as the exclusive right to the exploitation of the work. Ideas which can be privatized fall between these extremes of common and extraordinary ideas. It is counterintuitive to say labor exists only when others value the thing produced. Such theory has never been successful as we would expect them to be.

Next

Fisher, William, of Intellectual New Essays in the Legal and Political Theory of Property (Cambridge University Press, 2001) [wikiJuris]

theories of intellectual property rights

Not only is this worse than existing technology, but its operation has absolutely no value. My friend is, after all, laboring less for the thing she gets. A person has a right to own the creation of his mind in the same manner he owns creation of his labour. So, the monopolistic nature is undeniable. The point is that Locke's treatment of the common implicitly concerns itself with the problems of distribution.


Next

Intellectual Property (Stanford Encyclopedia of Philosophy)

theories of intellectual property rights

The better solution -- one that Locke in fact advocated -- is to make this added value potentially part of the common stock by introducing the money economy. In principle, the two propositions can coexist but neither requires acceptance of the other. Intellectual property holds value derived solely from the act of creation. Indeed, the field of ideas seems to expand with use. Furthermore, people cannot be excluded from ideas in the way that they can be excluded from physical property. Rather than rehearsing the points and counterpoints, consider a modified version of the Lockean argument—one that does not so easily fall prey to the objections mentioned above.

Next

Justification of Intellectual Property

theories of intellectual property rights

Similarly, there is a widespread attitude that idea-making is not such a pleasant activity that people will choose it, by itself, over recreation. Are not there any stimulators other than intellectual property rights? This condition prohibits the accumulation of so much property that some is destroyed without being used. So, it may take to conclude that intellectual property rights are natural rights. Smith creates idea X and this idea makes possible ideas Y and Z. Ideas can be used simultaneously by everyone. Friday buys a painting at a garage sale—a long-lost Crusoe original. For most people creation is less fun than recreation.

Next

Classical Justifications for Intellectual Property Rights

theories of intellectual property rights

To this we add a recent fourth strand of justification Moore forthcoming. In intellectual property systems, manifestations of a non-waste condition are few and far between. That the apportionment system has appeared as an ideal in copyright is homage to people's belief in the value-added theory as a normative standard: social value contributed should be rewarded. This general occurrence of expiration marks a radical difference from physical property arrangements. Proponents of the four theories will usually present their arguments as guides that legislators and judges can use in modifying or extending legal doctrines in response to new technologies and circumstances. In a world in which we cannot definitely separate idea and execution, we still find ways to emphasize that property protection goes to execution and less to the ideas themselves. Finally, even if a defender of this view can justify societal ownership of general pools of knowledge and information, it could be argued that we have already paid for the use of this collective wisdom when we pay for education and the like.

Next

Macroeconomic Theory of Intellectual Property Rights

theories of intellectual property rights

Modern writers have debated how much importance should be put on this hypothetical consent. Second, it is not at all clear that free speech is so presumptively weighty that it nearly always trumps other values. This same consideration underlies the patent and copyright laws long enforced by this Court. Although success is not ensured by granting these rights, failure is inevitable if those who incur no investment costs can seize and reproduce the intellectual effort of others. Congress is given power To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. There is an equilibrium between those ideas being removed from the common through privatization and those ideas that society relies heavily upon. When the society realizes that dependence it should place the word in the permanent common.

Next

Labor theory of property

theories of intellectual property rights

What they are saying is there are born creators, who continue creating even without protection. Ideas often seem to arrive like Athena -- suddenly they are here, full and complete. They are private in the sense that they are generally seen by just a few persons from the social network of the storyteller. . Although this theory has never been explicitly considered by the Supreme Court, Justice Douglas was one of its adherents. At that point, the property right expires.


Next

Labor theory of property

theories of intellectual property rights

Finally, the two principles are limited by situations in which the descendant idea includes the entire parent idea, as with a new machine which uses a patented process as one of several steps or a play which uses someone's concerto as its theme. N117 Another point is that idea X may breathe new life into the common by making set of ideas Y worth developing. In older days, people may write books because violation itself is very difficult, there were no printing machines, no mechanism of dissemination, no recording machines for reproduction and distribution. Through literature development, the cultural orientation of a given country will be promoted. In the case of electromagnetism, the Supreme Court ruled that Samuel Morse could not monopolize the general idea of using galvanic current for long-distance communications, although he could monopolize his particular process for exploiting the idea.

Next

Macroeconomic Theory of Intellectual Property Rights

theories of intellectual property rights

When an individual labors on an unowned object, her labor becomes infused in the object and for the most part, the labor and the object cannot be separated. Ownership of a trademark confers upon the property holder the right to use a particular mark or symbol and the right to exclude others from using the same or similar mark or symbol. In general, the novelty requirement invalidates patent claims if the invention was publicly known before the patent applicant invented it. The issue is not whether idea-making is an absolutely unpleasant activity, but whether it is comparatively less pleasant and less desirable than other activities. Clearly, Zapruder had no original idea -- most people in his position and equipped with a camera would have filmed that tragic event. If we want to challenge the natural law justification while holding the self-ownership thesis to be true, we could try to show that the Lockean proviso, which requires the appropriator to take only as much as leaves enough for others, can be used to challenge intellectual property rights because with monopoly rights, there is nothing left for others. So it induces inventing around an existing patent.

Next

Intellectual Property (Stanford Encyclopedia of Philosophy)

theories of intellectual property rights

See for example Moore 2012 2. In the state of nature, people take what they need for survival. Thus, Creative Commons and Copyleft models are actually built upon ownership or entitlement claims to intellectual works. Baird, however, never considers the prospect that idea-making may not involve labor. Assuming the Platonic model, putting X into intellectual commerce does not increase the common so much as it enhances the abilities of people to take from the common; it gives people longer arms to reach the ideas on higher branches. He will feel more equal equality. New York: Cambridge University Press, 1994.

Next