Hegel’s theory of personality in copyright law: questioning the dominant (Anglo-American) paradigm

Abstract

The personality theory has recently regained a central place in the copyright doctrine due to the growing influence of European jurisprudence. This article traces back the origin of the theory in Hegel’s system of rights, and shows how far Hegel’s understanding of personality departs from the way the theory is employed in today’s copyright discourse. While the personality theory is commonly used to justify strong authorial control, and for this reason has been looked upon with suspicion within Anglo-American copyright jurisprudence and doctrine, Hegel’s argument puts clear and rigorous limits to personal property over “intellectual products”. In essence, the argument proves that the author’s right is nothing but an imperfect entitlement over certain, specific uses of the work. As such, it leaves ample room for robust justification of the public domain.

Keywords: Property, natural rights, public domain, jurisprudence, author, inventor

JEL Classification: O34