Earticle

초록

영어

It is the culture that the copyright really counts for. Due to the relativity which is one of the most significant characters of culture, universal philosophy of copyright which is available regardless of time and space cannot exist. Historical approach is important in the point that philosophy cannot be actual apart from the context of the period. The traditions which justify copyright are divided into two; one is natural right tradition, the other is utilitarianism tradition. Under the civil law tradition countries, like France and Germany, copyright can help the relationship between authors and intellectual works have moral relevance, which is a natural right. On the other hand, the common law tradition countries, like the United Kingdom and the United States consider justification of copyright as the result of the special relation between society and intellectual works. Copyright is recognized as a statutory right not as a natural right. Hopefully, this basic research on the history and philosophy of copyright would make a contribution to solving international commerce problems like FTAs as well as the conflicts between copyright holders and users.

목차

Ⅰ. 서론
 Ⅱ. 역사적 고찰
  1. 근대 이전
  2. 계몽주의 시대
  3. 저작권의 국제화경향과 보호무역주의의 갈등
  4. 사회주의 전통
  5. 소결론
 Ⅲ. 철학적 고찰
  1. 서론
  2. 자연권(Natural Right) 전통
  3. 공리주의(Utilitarianism) 전통
  4. 소결론
 Ⅳ. 결론
 참고문헌
 ABSTRACT

키워드

저작권역사 저작권철학 자연권 공리주의 노동이론 인격이론 자율이론 유인이론 효율적배분이론 앤여왕법 history of copyright philosophy of copyright natural right utilitarianism labor theory personality theory freedom-based theory incentive theory efficient allocation theory Ann Statute

저자

• 남형두 [ Nam, Hyung-Doo | 연세대 법대 부교수 ]

참고문헌

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