Footnotes (191)



The Author's Rights in Literary and Artistic Works

Alina Ng

Mississippi College School of Law

June 30, 2009

John Marshall Review of Intellectual Property Law, Forthcoming
Mississippi College School of Law Research Paper

This paper suggests that authorship and creativity, which necessarily precedes the production of literary and artistic works, are products of authentic human expression that the law must encourage in order for works, contributing to the progress of science and the useful arts, to be produced. While the commercial market for literary and artistic works encourages the creation of diverse works to meet popular consumer demand, encouraging the production of works for the commercial market may however result in works, which may lack social, educational and cultural value or utility. Natural law philosophy, which advocates a natural order for society and the actions of men, has a lot to teach about the copyright system as a larger ethical and moral institution to promote the progress of society through the process of authentic authorship. The unique nature of creative works as quasi-public goods, which are not rivaled in consumption and generally non-excludable, requires the grant of exclusive rights to facilitate public dissemination of these works but the special role individual authorship and creativity plays in the production of these works render the rights of an author in the product of their creation as larger, and more encompassing, than the statutory economic incentives to publicly disseminate work. The author's reasons for creating a work may differ remarkably from his incentive to publicly distribute the work. While economic incentives offer authors market rewards that may facilitate the creation and dissemination of literary and artistic works, economic rights represent only a portion of rights, which the copyright system should recognize in the author. This paper makes the case for the recognition of property rights in the author's creation, which originating from an author undertaking of the act of creativity and authorship, is a right to the author's literary and artistic creation that is good against the world, and, which, if protected, will result in authentic expressions of greater significance upon the progress of science and the useful arts in society.

Number of Pages in PDF File: 41

Keywords: Authorship, copyright, property rights, economic incentives

JEL Classification: D63, K11, O31, O34

Open PDF in Browser Download This Paper

Date posted: July 2, 2009 ; Last revised: December 15, 2015

Suggested Citation

Ng, Alina, The Author's Rights in Literary and Artistic Works (June 30, 2009). John Marshall Review of Intellectual Property Law, Forthcoming; Mississippi College School of Law Research Paper. Available at SSRN: http://ssrn.com/abstract=1427989

Contact Information

Alina Ng (Contact Author)
Mississippi College School of Law ( email )
151, East Griffith Street,
Jackson, MS 39201
United States
(601) 925 7176 (Phone)
(601) 925 7113 (Fax)
HOME PAGE: http://www.law.mc.edu/faculty/profile_ng.html
Feedback to SSRN

Paper statistics
Abstract Views: 850
Downloads: 115
Download Rank: 182,030
Footnotes:  191

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.187 seconds