The creative circle: Why the linguistic turn is of philosophical interest in copyright law

Authors

  • Victor Gameiro Drummond Universidade Gama Filho/Cidade

DOI:

https://doi.org/10.4013/rechtd.2013.51.08

Abstract

One of the most significant and most widely discussed elements of the doctrine stipulating the protection of human creations by copyright law is the justification for such protection, particularly when it allocates exclusive rights to the creator. The doctrine is principally based on economic values and does not take into account a philosophical perspective; instead, it considers the equilibrium between protection and the use of people’s work for economic purposes. In general, legal scholars are divided into two groups: those who are highly protectionist and those with a more libertarian outlook who claim that what the artist receives from society and the world must be returned. This essay aims to introduce relevant elements of contemporary hermeneutics into the discussion regarding the justifi cation for copyright protection, advancing a thesis that has not yet been proposed within the legal community. Given that hermeneutics is the fairest and most effective way to search for philosophical truth, it would be fairer and more appropriate to incorporate contemporary hermeneutics into copyright law when deciding on the allocation of exclusive rights.

Key words: hermeneutics, copyright, creation, exclusive rights.

Author Biography

Victor Gameiro Drummond, Universidade Gama Filho/Cidade

Mestre em Direito pela Universidade de Lisboa(2004); Doutorando em Direito pela Unesa.

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Published

2013-05-09

Issue

Vol. 5 No. 1 (2013): January/June

Section

Articles

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