Toward an Overriding Norm in Copyright: Sign Wealth
Revue Internationale du Droit d'Auteur [RIDA], no. 159, pp. 2-109, 1994
30 Pages Posted: 24 Apr 2016
Date Written: 1994
This essay starts by critically contrasting normative principles that have guided the development of laws of copyright and of authors’ rights. Reconceptualizing notions key to these distinct principles, it then elaborates a new normative principle to direct both types of these laws toward enhancing sign wealth. In particular, it redefines the subjects in which such laws vest rights, the objects such laws protect, and core authors’ rights themselves. This new overriding principle is in turn illustrated as it is applied to hard cases that have been historically endemic in the field. For example, the principle helps resolve issues of the scope and priority of economic and moral rights and of their limitations.
Keywords: copyright, authors’ rights, intellectual history, philosophy of law, semiotic analysis, media commerce, cultural pluralism, hard cases
JEL Classification: K11, O34
Suggested Citation: Suggested Citation