Download this Paper Open PDF in Browser

The Social Contract and Authorship: Allocating Entitlements in the Copyright System

72 Pages Posted: 23 Sep 2008  

Alina Ng

Mississippi College School of Law

Date Written: September 18, 2008

Abstract

Political and moral philosophy teach that there are norms governing how individuals and states ought to behave to ensure a well functioning society. This paper argues that authorship is essentially an activity that can only occur when other individuals in society are constrained by particular moral and ethical norms, and when the copyright system is built on a theoretical framework where individuals in society agree to waive certain rights in order that authors may have the incentive to produce literary and artistic works. The law as it presently stands allocates entitlements without ethical or moral restraints on the exercise of private individual rights. Considerations of fairness and justice ought to be serious considerations in deciding how entitlements in literary and artistic works are allocated, and this paper utilizes theories of moral and political philosophy as a normative model for how individual rights ought to be exercised. This paper concludes that the allocation of entitlements in literary and artistic works ought to be in accordance with the mutual agreement individuals in society enter to provide rewards to authors, and prescribes certain ethical and moral norms that ought to be incorporated into the copyright system to fulfill this agreement.

Keywords: Copyright, Intellectual Property, Political and Moral Philosophy, Property Rights

JEL Classification: K11, K40, L19, O31, O34

Suggested Citation

Ng, Alina, The Social Contract and Authorship: Allocating Entitlements in the Copyright System (September 18, 2008). Fordham Intellectual Property, Media & Entertainment Law Journal, Forthcoming; Mississippi College School of Law Research Paper No. 2009-04. Available at SSRN: https://ssrn.com/abstract=1270175

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

Paper statistics

Downloads
120
Rank
201,753
Abstract Views
945