The Clash of Theories: Semiotic Democracy and Personality Theory in Intellectual Property Law

Law and World, June 2023 (№26), Volume 9, Issue 2, Page 14 - 22

8 Pages Posted: 13 Jul 2023

Date Written: June 30, 2023

Abstract

This article discusses the two justifications that are commonly used in intellectual property law: the semiotic democracy and the traditional personality theory of intellectual property. Semiotic democracy emphasizes the right to distribute and access information and the democratization of institutions, practices, speech, dress, mannerisms, etc., while the personality theory of intellectual property emphasizes the development of the personality and the protection of the creator's dignity and personhood. However, this paper highlights some objections to the personality theory, including the unclear moral claim of creators to their feelings, character traits, and experiences and that intellectual property creations may not embody more of a creator's personality than another object. Despite these objections, the personality theory of intellectual property rights is important for the protection of the creators' reputation and their economic interests. Therefore, policymakers must strive to protect these rights to the greatest extent possible.

Keywords: IP, Intellectual Property, Intellectual Property Law, Semiotic Democracy, Personality Theory, Moral Claims, Self-Actualization, Human Flourishing, Rights of Creators, Consumer Empowerment, Cultural Commons

Suggested Citation

Chang, Cheng-chi (Kirin), The Clash of Theories: Semiotic Democracy and Personality Theory in Intellectual Property Law (June 30, 2023). Law and World, June 2023 (№26), Volume 9, Issue 2, Page 14 - 22, Available at SSRN: https://ssrn.com/abstract=4500918

Cheng-chi (Kirin) Chang (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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