Propiedad intelectual y acervo común: la naturaleza mixta del derecho de autor desde la perspectiva del bien común
In the different protection systems � backed by the views of the thinkers who influenced them the most � the concept of copyright as been defended traditionally as a natural right, with the understanding that it comes as a result of the author�s work and as an extension or reflection of his/her own...
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| Format: | Article |
| Language: | Spanish |
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Universidad de La Sabana: Facultad de Derecho
2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5544188 |
| Source: | Díkaion: revista de actualidad jurídica, ISSN 0120-8942, Vol. 23, Nº. 2, 2014, pags. 223-250 |
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| Summary: |
In the different protection systems � backed by the views of the thinkers
who influenced them the most � the concept of copyright as been defended
traditionally as a natural right, with the understanding that it comes as
a result of the author�s work and as an extension or reflection of his/her
own personality. This paper suggests several clarifications on this concept
and proposes new alternatives for responding quid ius auctore; namely,
copyrights, using Aristotelian-Thomistic categories. In doing so, it offers a
philosophical approach to the specific problems with this right, founded
on the concepts of basic human goods, tendencies or inclinations, common
good and common property. The analysis focuses initially on the author
and on the process of creating a work, then goes on to review the patrimonial
and moral faculties that identify that right and its characterization
as a human right. Lastly, there are several remarks on the nature of the
right holder, with the understanding that it differs from that of the author
considered individually. |
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