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2 - Self-Actualization and the Need to Create As a Limit on Copyright

from Part I - The Theoretical Foundation of Copyright Limitations

Published online by Cambridge University Press:  15 January 2021

Shyamkrishna Balganesh
Affiliation:
University of Pennsylvania Law School
Ng-Loy Wee Loon
Affiliation:
National University of Singapore School of Law
Haochen Sun
Affiliation:
University of Hong Kong Faculty of Law
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Summary

Personhood theory figures prominently in virtually every list of justifications for intellectual property in general and copyright in particular. Typically ascribed to the philosophical ideas of Georg William Friedrich Hegel and Immanuel Kant, this theory posits that authors have such deep connections with their creations that respect for their sense of self requires giving them a degree of ongoing control over those works. In essence, works are treated as extensions of the author’s person. As such, certain types of interference with those works would be tantamount to intruding on a part of the author’s body.

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Publisher: Cambridge University Press
Print publication year: 2021

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