What is intellectual property?

Three Philosophical Theories of Intellectual Property 1. Locke’s Labor Theory 2. Hegel’s Personality Theory 3. Bentham’s Utility Theory

John Locke ( )

Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, hehath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. Second Treatise Concerning Civil Government (1690)

... for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good, left in common for others. As much as any one can make use of to any advantage of life before it spoils, so much he may by his labour fix a property in: whatever is beyond this, is more than his share, and belongs to others.

And thus came in the use of money, some lasting thing that men might keep without spoiling, and that by mutual consent men would take in exchange for the truly useful, but perishable supports of life. Thus in the beginning all the world was America, and more so than that is now; for no such thing as money was any where known. Find out something that hath the use and value of money amongst his neighbours, you shall see the same man will begin presently to enlarge his possessions.

Georg Wilhelm Friedrich Hegel ( )

Philosophy of Right (1821) Personality is the will’s struggle to actualize itself Property is a kind of freedom, an expression of the will Unlike labor theory the personality theory focuses on where commodity ends up One cannot alienate or surrender oneself (no slavery) Can copy another’s work if one’s own personality added to it but can’t make facsimiles of other’s work because ways and means of expression belong to author To sell is to alienate work from oneself, to abandon it,

Jeremy Bentham ( )

Principles of Morals and Legislation (1781) Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do.

By utility is meant that property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness, (all this in the present case comes to the same thing) or (what comes again to the same thing) to prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered: if that party be the community in general, then the happiness of the community: if a particular individual, then the happiness of that individual.

1. intensity 2. duration 3. certainty /uncertainty 4. propinquity / remoteness 5. fecundity 6. purity 7. extent Parameters for Hedonistic Calculus

Which system of protection or non-protection of intellectual property will maximize happiness? The Classical Utilitarian asks

Which is the best theory to justify intellectual property?

Three Philosophical Theories of Intellectual Property 1. Locke’s Labor Theory 2. Hegel’s Personality Theory 3. Bentham’s Utility Theory