{"title":"Authors’ rights and their scope","authors":"Pustun Pradhan","doi":"10.3126/BODHI.V5I1.8047","DOIUrl":null,"url":null,"abstract":"Allocation of exclusive rights enabling the authors and other producers of intellectual property to exclude non-paying users is the core aspect of copyright law. This exclusion was a foremost precondition before the market for goods containing intellectual property could come into existence. Exclusive rights are essentially monopoly rights but the extent of this monopoly is largely determined, among other factors, by the nature and scope of these rights. While these rights are critical to secure incentives to the creators so that adequate creation and development of intellectual property may take place, they may also impede the free flow of information and hence retard the creation. These rights are therefore drawn with proper delimitations to ensure that information and ideas are not unduly monopolized to the detriment of social and economic development. This paper looks into the nature and scope of the rights granted to the authors. It has six sections. Bodhi: An Interdisciplinary Journal, 5, 2011, Page 111-131 DOI: http://dx.doi.org/10.3126/bodhi.v5i1.8047","PeriodicalId":186006,"journal":{"name":"Bodhi: An Interdisciplinary Journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2013-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Bodhi: An Interdisciplinary Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.3126/BODHI.V5I1.8047","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Allocation of exclusive rights enabling the authors and other producers of intellectual property to exclude non-paying users is the core aspect of copyright law. This exclusion was a foremost precondition before the market for goods containing intellectual property could come into existence. Exclusive rights are essentially monopoly rights but the extent of this monopoly is largely determined, among other factors, by the nature and scope of these rights. While these rights are critical to secure incentives to the creators so that adequate creation and development of intellectual property may take place, they may also impede the free flow of information and hence retard the creation. These rights are therefore drawn with proper delimitations to ensure that information and ideas are not unduly monopolized to the detriment of social and economic development. This paper looks into the nature and scope of the rights granted to the authors. It has six sections. Bodhi: An Interdisciplinary Journal, 5, 2011, Page 111-131 DOI: http://dx.doi.org/10.3126/bodhi.v5i1.8047
专有权的分配使知识产权的作者和其他生产者能够排除非付费用户,这是版权法的核心方面。这种排斥是包含知识产权的商品市场出现之前的首要先决条件。专有权本质上是垄断权利,但这种垄断的程度在很大程度上取决于这些权利的性质和范围。虽然这些权利对于确保对创造者的奖励,以便知识产权的充分创造和发展至关重要,但它们也可能阻碍信息的自由流动,从而阻碍创造。因此,这些权利是有适当界限的,以确保信息和思想不被不适当地垄断,而损害社会和经济发展。本文探讨了授予作者权利的性质和范围。它有六个部分。《Bodhi: An Interdisciplinary Journal》,2011年第5期,第111-131页DOI: http://dx.doi.org/10.3126/bodhi.v5i1.8047