Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

WIPO Report CDIP/13/INF/10

39 Pages Posted: 6 Jun 2014

Date Written: June 5, 2014

Abstract

The report considers first the question of how copyright is justified, as this may have some bearing on whether a country will allow an author to make a voluntary statement leading to the expiration of his/her rights. Copyright can variously be described as a natural right, as a reward for creators, as a stimulus for creativity, as a property right, as an economic reward and as part of the public interest. Two justifications are explored, the moral and the utilitarian. The moral justification places the existence of intellectual property as a natural result of the right of the creator to anything he or she produces. The moral element of copyright has given way to the economic one, but the existence of moral rights, particularly important in civil law jurisdictions, continues to strongly represent the elements of copyright as a personality right.

Keywords: copyright, public domain, relinquishment, CC0, creative commons

JEL Classification: O34, K00

Suggested Citation

Guadamuz, Andres, Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment (June 5, 2014). WIPO Report CDIP/13/INF/10. Available at SSRN: https://ssrn.com/abstract=2446451

Andres Guadamuz (Contact Author)

University of Sussex ( email )

Falmer
Brighton, BN1 9QN
United Kingdom

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