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Title: Intellectual creation and commercial value : are copyright and droit d'auteur viable in light of information technology?
Author: Kervegant, Christophe P.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1996
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This research determines the fundamental rationales, principles of copyright law and droit d'auteur, in order to ascertain whether these legal mechanisms or institutions are viable in the light of information technology. Moreover, the analysis is directed towards the determination of the emergence of intellectual property rights in their cultural, economic, historical, political and legal relation to technological change. It is argued that none of the current intellectual property mechanisms are viable in the light of information technology. Further, only the fundamental rationales of droit d'auteur would appear to respond adequately, on principle, to the challenges of the information age under a new concept of authorship. The inadequacies of the current intellectual property institutions and information technology derive from the manner in which intellectual property rights emerge. Legal rights ought to be the spontaneous product of individual claims and the basis of a new system of voluntary interactions, where legal institutions, such as intellectual property, validate common practice instead of dictating it. As a result, it is demonstrated that as opposed to early intellectual property systems which emerge out of the individual claims, modern copyright law dictates the emergence of rights by granting to authors property rights in commodities. By contrast, droit d'auteur rationally secures property rights in works as a simple recognition of authors' rights in their work, being thus independent of technologies with the attribution of copyright. Following this line of thinking, markets are systems for consensual exchange of owned goods which are intended to encourage individuals to make productive use of resources. Since works of the mind produce externalities which prevent markets from forming efficiently, copyright is sought to provide incentive for the production of the optimal amount of information.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available