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http://ssrn.com/abstract=1031639
 
 

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Writing Practices in the Privilege - and Intellectual Property - Systems


Maurizio Borghi


Bournemouth University - Centre for Intellectual Property Policy & Management (CIPPM)

2003


Abstract:     
The paper analyses the passage from the printing privileges (15th - 18th Centuries) to the modern copyright law, with particular regard to the institutional relationship between author(s) and public. The article is divided into four parts. § 1 provides a brief discussion of the current intellectual property paradigm with regard to the way in which this is interpreted by economic theory (Walras, Polanyi). § 2 outlines the system of book - privilege in Europe between the 15th and 18th centuries, exposing the economic rationale of such system and its legal justification. § 3 examines the foundation of authorship in the philosophy of Immanuel Kant, discussing the link he establishes between author's rights on the one side, and freedom of press and of speech on the other. § 4 examines some possible incongruities in the current intellectual property - system as based on a utilitarian approach; it shows that such incongruities are noticeable and visible precisely because of the background of the previous privilege - system and the Kantian foundation of author's rights.

Number of Pages in PDF File: 16

Keywords: Privileges, Copyright, Author's rights, Freedom of speech, Kant

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Date posted: November 21, 2007  

Suggested Citation

Borghi, Maurizio, Writing Practices in the Privilege - and Intellectual Property - Systems (2003). Available at SSRN: http://ssrn.com/abstract=1031639 or http://dx.doi.org/10.2139/ssrn.1031639

Contact Information

Maurizio Borghi (Contact Author)
Bournemouth University - Centre for Intellectual Property Policy & Management (CIPPM) ( email )
89 Holdenhurst Road
Bournemouth
Dorset, BH8 8EB
United Kingdom
HOME PAGE: http://www.cippm.org.uk
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