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Full-Text Articles in Law
Copyright And Moral Norms, Alina Ng
Copyright And Moral Norms, Alina Ng
Alina Ng
The role normative principles such as morality and ethics play in a legal system is a highly contentious point in jurisprudence and legal theory. Scholars and philosophers have often disagreed on whether laws should reflect and incorporate moral and ethical norms. The idea that there could be a necessary connection between law and objective morality has been forthrightly rejected by some jurists because of the heterogeneity of social views and beliefs about what is right and wrong conduct. This paper challenges the assertion by legal positivism that morality cannot be incorporated into legal analysis because they obfuscate analytical thinking about …
Literary Property And Copyright, Alina Ng
Literary Property And Copyright, Alina Ng
Alina Ng
Even when the first subject matter of copyright control was literary works, the specific rights of authors who produce these works had never been clearly articulated. Copyright laws have protected a statutory right to distribute the work to the public that may be broadly owned by both author and publisher while the common-law right of property over the work, which would have protected an author’s creative interest in the work, have been dismissed by the courts as a legitimate source of law. This paper examines literary property as a form of authorial rights, which authors may potentially have over works …
Rights, Privileges And Access To Information, Alina Ng
Rights, Privileges And Access To Information, Alina Ng
Alina Ng
Protecting property rights in creative works represent a classic institutional approach to a specific economic problem of non-rivalness and non-excludability of information. By providing the copyright owner with an enforceable right against non-paying members of society, copyright laws encourage the production and dissemination of literary and artistic works to society for the purposes of learning. Implicit in the grant of property rights is the assumption that commercial incentives foster creative activity and productivity. In recent years, literary and artistic works have increasingly become the subject matter of exclusive property rights and control, particularly as new technologies emerge to provide users …
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng
Alina Ng
This Article explores what authorship and creative production means in the digital age. Notions of the author as the creator of the work provided a point of reference for recognizing ownership rights in literary and artistic works in conventional copyright jurisprudence. The role of the author, as the creator and producer of a work, has been seen as distinct and separate from that of the publisher and user. Copyright laws and customary norms protect the author’s rights in his creation to provide the incentive to create and allow him to appropriate the social value generated by his creativity as recognition …
The Author's Rights In Literary And Artistic Works, Alina Ng
The Author's Rights In Literary And Artistic Works, Alina Ng
Alina Ng
This paper suggests that authorship and creativity, which necessarily precedes the production of literary and artistic works, are products of authentic human expression that the law must encourage in order for works, contributing to the progress of science and the useful arts, to be produced. While the commercial market for literary and artistic works encourages the creation of diverse works to meet popular consumer demand, encouraging the production of works for the commercial market may however result in works, which may lack social, educational and cultural value or utility. Natural law philosophy, which advocates a natural order for society and …
The Social Contract And Authorship: Allocating Entitlements In The Copyright System, Alina Ng
The Social Contract And Authorship: Allocating Entitlements In The Copyright System, Alina Ng
Alina Ng
Political and moral philosophy teach that there are norms governing how individuals and states ought to behave to ensure a well functioning society. This paper argues that authorship is essentially an activity that can only occur when other individuals in society are constrained by particular moral and ethical norms, and when the copyright system is built on a theoretical framework where individuals in society agree to waive certain rights in order that authors may have the incentive to produce literary and artistic works. The law as it presently stands allocates entitlements without ethical or moral restraints on the exercise of …
Copyright's Empire: Why The Law Matters, Alina Ng
Copyright's Empire: Why The Law Matters, Alina Ng
Alina Ng
Two separate and distinct movements have colonized research in the field of intellectual property. Law and economics has deepened our understanding of the justification for granting monopoly rights over intellectual property. In recent years, economic theories have been used to support the growth of the commons – the free environment, where intellectual property plays little role in generating new creative works and innovation. The second movement is law and technology that has sought to increase understanding of intellectual property through the exploration of how technologies either provide freedoms or impose limitations to how creative works and innovation are created and …