Intellectual Property Rights

In broad terms, two distinct philosophies about the nature of intellectual property and its protection may be discerned from history: (1) natural-rights view and (2) public-rights view. The natural-rights view, stemming from some European traditions, assigns ownership of mental creations to their inventors and artists under the precept that failure to do so constitutes theft of the fruits of their effort and inspiration. Moreover, creators should be awarded the right to control any reworking of their ideas and expressions. The moral view of intellectual property rights (IPRs) exists largely independent of any thoughts about the incentive effects or economic costs and benefits of regulation. This approach remains in evidence today as a strong protection for artists’ moral rights in European law. In contrast, under the ...