Copyright and Truth

Theoretical Inquires in Law, vol. 12, n. 1 (2011)

27 Pages Posted: 24 Nov 2013

See all articles by Maurizio Borghi

Maurizio Borghi

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

Date Written: January 1, 2011

Abstract

This Article calls into question the primary meaning of copyright law. It argues that copyright is not primarily a legal instrument, but rather a fundamental mode of human existence. The starting point of the analysis is Kant’s definition of a book as a "public address" and of author’s rights as ultimately being grounded in the furtherance and maintenance of truth. Building on Kant’s argument, the Article defines the copyright primary subject matter as the act of speaking publicly in one’s own name, and the copyright sphere as the author-public coalescence that such act of speaking generates. This enables reaching a proper understanding of the scope of copyright and to characterizing its specificity as compared to its "fellow rights," patents and trademarks.

Keywords: Copyright subject matter, public speech, author's rights, Kant, Hannah Arendt

Suggested Citation

Borghi, Maurizio, Copyright and Truth (January 1, 2011). Theoretical Inquires in Law, vol. 12, n. 1 (2011) . Available at SSRN: https://ssrn.com/abstract=2358893 or http://dx.doi.org/10.2139/ssrn.2358893

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

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
60
Abstract Views
396
rank
370,120
PlumX Metrics