Module 1 Flashcards
Introduction
Is copyright an exclusive right?
Yes.
What is the monopoly right of intangible good?
It’s a kind of granting to generally one person an exclusive decision on who, how and under what circumstances may have use his work.
Is it easy to justify monopoly right of intangible good in times of social media?
No.
What is the appearance of copyright associated with?
With the appearance of printing technique.
Who should we thank for the appearance of the printing technique?
J. Gutenberg.
What was the first form of copyright protection?
The granting of monopolies and privileges to certain stationers that were the predecessors of today publishers.
When was the oldest known privilege granted and to whom?
In 1469 in Venice to J. de Spira
What did J. de Spira’s privilege consist of?
It consisted on being the only person to exploit the printing technique for a number of years in the city of Venice.
During the XVI century in which European country did the printing privilege next appear?
England.
What was the real foundation of the copyright protection regarding those printing privileges?
When it became subject to authors authorization.
What is the Statute of Anne?
The first copyright act.
When was the Statute of Anne enacted?
In 1710 in England.
What did the Statute of Anne provide?
- substantive rights and effective procedure for the enforcement of copyright
- that authors has exclusive right to print their work for 14 years after its first publication
- to extend that exclusive right for another 14 years.
Compare the Statute of Anne to modern copyright systems in regard of the duration of copyrights.
In modern copyright systems the duration of copyrights is almost 70 years after the authors death.
When did France introduce copyright legislation?
In 1791.
When was the general Prussian Code introduced?
In 1794.
How did the Prussian Code protect authors?
It protected them indirectly, by providing that publishers were the only protected if they had the authors authorization.
What two large copyright systems were set out?
Common law countries (also known as the copyright tradition) and civil law countries (also known as the droit de trout or the continental law tradition).
Explain the privilege granted to J. de Spira in 1469.
…
Explain the nature of the copyright system in three words.
Intangibility, non-exclusivity and non-rivalry.
With what picture in intangibility associated with?
With Archimedes shouting out EUREKA.
Explain why is intangibility associated with the picture of Archimedes shouting out EUREKA?
…
What does the non-exclusivity mean?
It means that our invention, design, work, from its very nature is quite impossible to exclude others from using it
What does the non-exclusivity implicate?
It implicates that without some normative institutions we cannot provide sufficient protections that may give authors right to exclude others from using it and therefore without normative boundaries we simply cannot provide guarantee of investment return.
What word describes the true nature of the intellectual property?
The non-exclusivity.
Describe the non-rivalry.
It is possible for many users of work to use the same work or the same product at the same time by different persons. Ideas or work are non-rivalries.
How did T. Jefferson describe the non-rivalry?
…
Are there different justifications on the copyright system?
Yes.
With whom is the natural rights theory and labor theory associated with?
With J. Locke.
How do the natural rights theory and the labor theory justify the copyright system?
The rights associated with intellectual property are attributed to the creator, because they belong to him in some metaphysical orientated sense. Either because they are regarded as alienating from the creators inalienable personality or to put it more generally, as the fruit of his intellectual labor. Copyright is the positive laws realization of this self-evident ethical precept.
How do the natural rights theorists divide?
They divide on the origination that entitles authors to protection. Some explain that work should be protected, because they are the expressions of each particular author or personality. A second version of the natural theory has tended to found itself on labor, drawing on John Locke’s idea that a person has a natural rights over a product of their labor.
Where is the second version of the natural theory strongly presented?
In the U.S. literature.
Describe the critics of natural rights theory of copyright.
….
What is the aim of the economic theory and how is it achieved by the legislator?
The aim is to incentivize and reward investment made into creation and innovation. It is achieved by the legislator by guaranteeing the first mover in this role and a legally secured time to the author to recoup his investment made in order to come up with marketing venture or creation.
On what are the economic theories based?
On the idea of what is good for society or the public in general.
What does the economic theory’s incentive argument presuppose?
It presupposes that the production and public dissemination of cultural objects such as books, music, art and films is an important and valuable activity. It also presupposes that all those incorporate protection the production and dissemination of cultural objects would not take place at an optimal level.
