КРИТИКА ІНСТИТУТУ АВТОРСЬКОГО ПРАВА КРІЗЬ ПРИЗМУ АНГЛО-АМЕРИКАНСЬКОЇ ФІЛОСОФСЬКО-ПРАВОВОЇ ДУМКИ

Autor: І. С., Юзвик
Předmět:
Zdroj: Analytical & Comparative Jurisprudence; 2024, Issue 4, p183-188, 6p
Abstrakt: It is indicated that at the current stage of the development of world legal opinion, the United Nations Educational, Scientific and Cultural Organization officially defines that «the basic theoretical basis of copyright is the need to provide humanity with the results of knowledge, and, therefore, there is a clear need to encourage the desire to knowledge by rewarding those who introduce it to other people». The article examines the criticism of the copyright institution from the perspective of Anglo-American philosophical and legal thought, as well as alternative models of legal regulation of intellectual property proposed in American academic circles, including the concept of free culture and the open access movement. The article analyzes the main views and theories of the past and present that criticize copyright. The doctrine of Proudhon, the most famous opponent of literary property in the 19th century, is considered, and the views of leading American copyright critics are analyzed, who argue that this institution is incompatible with modern society, which is dominated by technology. They argue that the rigid framework of copyright inhibits innovation and creates obstacles to the free exchange of information in the age of artificial intelligence. Among such critics, the work of L. Lessig, one of the most influential contemporary thinkers in the field of intellectual property law, stands out. Lessig's scientific work focuses on copyright issues in the digital era. He proposes to reform the existing system, emphasizing the need to balance the interests of creators and society. Lessig actively promotes the ideas of free culture and open access, arguing that they will contribute to a more equitable and efficient distribution of information. The article examines in detail Lessig's arguments for copyright reform, as well as their possible consequences for society and culture. The analysis of Anglo-American philosophical and legal thought demonstrates that copyright reform is a necessary step to achieve a balance between protecting the rights of creators and ensuring free access to knowledge and information for society. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index