Are Copyrights Compatible with Human Rights ?

Romanian Journal of Analytic Philosophy 8 (1):5-20 (2014)
  Copy   BIBTEX

Abstract

The purpose of the following study is that of providing a critical anal‑ ysis of Intellectual Property (IP), with a closer look on copyright, in the context of human rights. My main conjecture is the following : the legal infrastructure stemming from the implications of copyrights which states created has nega‑ tive consequences if we have a closer look at some human rights specified by The Universal Declaration of Human Rights (UDHR). For example, copyrights are, in my view, incompatible with the human rights which specify that (1) hu‑ man beings have a right to freely take part in the cultural and scientific life of the communities which they inhabit and (2) human beings have a right to own property. My main hypothesis is the following : if copyrights are, in fact, more difficult to ground from a moral perspective, then this considerations must trump the provision of the 27th article of the UDHR, which states that creators, be they artists or researchers, have a human right to have their moral and mate‑ rial interests protected with regard to their intellectual products, if this amounts to a justification for a copyright.

Links

PhilArchive

External links

  • This entry has no external links. Add one.
Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Are pharmaceutical patents protected by human rights?Joseph Millum - 2008 - Journal of Medical Ethics 34 (11):e25-e25.
A Critique of Ayn Rand's Theory of Intellectual Property Rights.Timothy Sandefur - 2007 - Journal of Ayn Rand Studies 9 (1):139 - 161.
The Philosophical Foundations of Human Rights: An Overview.Rowan Cruft, S. Matthew Liao & Massimo Renzo - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, UK: Oxford University Press. pp. 1-44.
History, Human Rights, and Globalization.Sumner B. Twiss - 2004 - Journal of Religious Ethics 32 (1):39-70.
Human rights and human well-being.William Talbott - 2010 - New York: Oxford University Press.
Worldmaking: Property rights in aesthetic creations.Peter H. Karlen - 1986 - Journal of Aesthetics and Art Criticism 45 (2):183-192.
Labor as the Basis for Intellectual Property Rights.Bryan Cwik - 2014 - Ethical Theory and Moral Practice 17 (4):681-695.
Liberalism and intellectual property rights.Hugh Breakey - 2009 - Politics, Philosophy and Economics 8 (3):329-349.

Analytics

Added to PP
2017-12-20

Downloads
1,019 (#12,571)

6 months
54 (#77,219)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Radu Uszkai
University of Bucharest