Title: Theoretical Foundations for Copyright

*Updated: May 2024
Learning Objectives:

- Summarize the three main theories that serve as the foundation of copyright
- Identify connections between these theories and modern copyright concepts

What do these terms mean?
- Perpetual: Never expires;
- Inalienable: Cannot be transferred or waived;
- Imprescriptible: Cannot be revoked.

To learn more see “Characteristics of moral rights”, as described by SACD (Society of Playwrights and Composers).

The natural rights approach to copyright posits that:

Q: The natural rights approach to copyright posits that:
- When labour is added to common property, the output should belong to the individual (correct)
- John Locke invented lightbulbs
- Copyright should do the most good for the most people
- Creators should have control of their invented works forever

Q: Under Kant and Hegel’s personality-based approach:
- Creations are a manifestation of an individual’s personhood (correct)
- Creations exist for the benefit of everyone and don’t need protection
- Protection for creations should only last for 14 years
- The concept of property is totally unimportant

Q: The idea of moral rights is most strongly connected to:
- Kant and Hegel’s personality-based approach (correct)
- Bentham’s utilitarian approach
- Locke’s natural rights approach
- Rousseau’s social contract approach

Q: Which philosopher would argue that copyright ownership should be perpetual?
- Hegel (correct)
- Kant
- Locke
- Bentham

Choose the correct statement.

Credits: Theoretical Foundations for Copyright; by University of Alberta; 2019; licence CC BY 4.0