Theories of intellectual property rights. Labor theory of property 2019-02-28

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Theories of Intellectual Property

theories of intellectual property rights

If ideas are thought of as such preexistent platonic forms, the only activity possible is execution, which consists of transporting, translating, and communicating the idea into a form and a location in which humans have access to it. Some kinds of intellectual property have appeared only in contexts in which the property represents a value added to the society. The newly unowned things become unownable! Consequently, the innovators will be unable to recoup the costs of their innovations the costs of the education they underwent to prepare them to make the innovations, the outlay for research and development, their opportunity costs, etc. These approaches to protecting intellectual works are relatively new and seemingly build upon the copyright systems already in place. Upon the expiry of their period of protection the public will start to use the properties. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

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The Philosophy of Intellectual Property

theories of intellectual property rights

Utilitarian is institution socially beneficial. For Locke, this was because of Man's fall. Keywords: , , , , , , , Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. In general, the intuition is that the person who clears unowned land, cultivates crops, builds a house, or creates a new invention obtains property rights by engaging in these activities. Following the argument the fruits of one's labor are one's own because one worked for it.


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Justification Of Patents, Copyrights And Trademarks

theories of intellectual property rights

N84 Such an invention might indirectly produce value for society by improving a technology that, after further research and improvement, eventually surpasses existing technologies. Imagine that we have two intellectual property creators, Beren and Lúthien, and two possible outcomes for each. Justifications and Critiques Arguments for intellectual property rights have generally taken one of three forms Hughes 1988; Moore 2008. Through literature development, the cultural orientation of a given country will be promoted. The duration of these rights is limited only in cases where the mark or symbol ceases to represent a company or interest, or becomes entrenched as part of the common language or culture. Proudhon 1840 argued that if labor was important, the second labor on an object should ground a property right in an object as reliably as the first labor. This new language may stimulate programming in a way that would not have been possible but for the language.

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Intellectual Property (Stanford Encyclopedia of Philosophy)

theories of intellectual property rights

In the state of nature, people take what they need for survival. In eighteenth-century navigation, these details provided the only safe way to proceed. If the new wealth remains the private property of the laborer, it does not increase the common stock. This in turn requires the erasure mentally and usually in brutal reality of the people already living beyond the frontier and drawing their sustenance from the land in question. The state is bargaining with individuals. Himma points out that, by itself, the claim that consumption of information is non-rivalrous does not imply that we have a right of any kind to those objects.

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Classical Justifications for Intellectual Property Rights

theories of intellectual property rights

Second, the claim that information objects cannot be property does not imply that it is illegitimate to grant to authors or content-creators a legal right to exclude others from appropriating those objects without their consent. Assuming the Platonic model, putting X into intellectual commerce does not increase the common so much as it enhances the abilities of people to take from the common; it gives people longer arms to reach the ideas on higher branches. It is the reasoning citizen he has in mind, not the artist. Individuals may use their physical and intellectual property rights, for example, to shield their private lives from public scrutiny and to facilitate life-long project pursuit. If copying becomes too widespread or if enforcement mechanisms fail, then we will likely spiral toward the collectively sub-optimal result of suppressing innovation. N165 It has been argued that this condition never occurred with physical goods, or that it has not occurred during the known history of mankind.

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Labor theory of property

theories of intellectual property rights

This latter protection is probably the most important right granted, given the proliferation of industrial espionage and employee theft of intellectual works. Locke, after all, declined to apply the non-waste condition to the advanced social conditions which are required by most intellectual property systems. It is, or should be, clear that extending existing copyrights or patents does nothing to encourage progress. This argument applies as well to snuff films, obscene pornography, information related to national security, personal financial information, and private thoughts; each are non-rivalrous, but this fact does not by itself generate prima facie moral claims for maximal access and use. The idea is that there is an expansion of rights: we each own our labor and when that labor is mixed with objects in the commons, our rights are expanded to include these goods. Self-ownership is not affected if a society does not grant intellectual property rights to its members.

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Theories of Intellectual Property

theories of intellectual property rights

A trademark is any word, name, symbol, or device, or any combination thereof, adopted by a manufacturer or merchant to identify her goods and distinguish them from goods produced by others 15 U. Clearly, Zapruder had no original idea -- most people in his position and equipped with a camera would have filmed that tragic event. The common of ideas grows like investment in an idea bank. Locke never mentions one's possession of one's body as the basis for one's property in one's body; he begins simply by asserting one's body is one's property. The other version of utilitarian theory is incentive bargain theory. Likewise, whether or not intellectual property protection has the effect of hindering innovation and inhibiting the production of novel valuable content can be settled only by empirical analysis. They seem to constitute an 'antiproperty': a sort of intellectual commons.

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Intellectual Property (Stanford Encyclopedia of Philosophy)

theories of intellectual property rights

A new device to wash cars may be patentable; a quiche recipe with secret herbs and spices can be privatized as a trade secret; the original mystery story can be transferred from campfire to copyrighted novella. The creativity we perceive in an intellectual product may be either in the core idea or in the core idea's execution. The critics on incentive theory will not work firmly today. The difficulties involved in obtaining such evidence suggest that the empirical question will remain debated for some time. At least this characterization applies to Locke's example of cultivated land and the added grain it produces. Some may find this troubling, but such rights are outside the domain of copyright law. Ideas can be used simultaneously by everyone.

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