Both the philosophical justifications and the limits of authors’
rights deserve greater inquiry in Anglo-American copyright
discourse.
On the Anglo-American utilitarian view, the rationale
of copyright is that it offers an economic incentive to increase
production. Copyright is for the encouragement of learning and
the promotion of science and useful arts, under the United States
Constitution’s Copyright Clause
and the United Kingdom Statute
of Anne of 1709.
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1
The utilitarian view understands copyright’s
purpose as exclusive of the authors’ rights tradition. Yet on the
Anglo-American model that tradition is present, and strong.
The
authors’ rights tradition ought to be recognized, embraced, and
indeed strengthened to provide greater defense to authors.
Authors’ rights can aid the author in a conflict with the copyright
owner.
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