Law & Society Annual Meeting 2010 Authentic Authorship Law & Society Annual Meeting 2010 Alina Ng May 28, 2010

Progress of Science and the Useful Arts utilitarian rights are granted to fulfill a given end

§106 Copyright Act Reproduce Prepare derivative works Distribute by sale, transfer of ownership, rental, lease or lending Publicly perform Publicly display Perform publicly by means of digital audio transmission

copyright owner

author

subject matter of protection is disconnected from the person who owns rights over it

why is this a problem?

2 reasons: the owner of the copyright may restrict use of the work for purely economic or profit-driven reasons that does not conserve a work’s integrity and conserve informational resources; and , society may disregard rules and norms that dictate civil behavior in the use of literary and artistic works and use works in ways that do not advance the sciences and arts.

privileges to use literary and artistic works … …can serve private and not public interest

2 types of scholarship have contributed to the disconnect between the subject matter of protection and the owner of copyright Law & Economics American Legal Realism normative standard allocative efficiency consequentialist not deontological realist in orientation indeterminate lack normativity

copyright laws do not provide normative guidance on conduct

my claim is this… …there is a need to recognize rights & duties outside statutory copyright

because of the lack of normative content to guide conduct towards progress in science and arts… …copyrighted works may be produced & used in ways that do not advance progress

where do we look for these rights & duties?

institution of property rights

authentic authorship as a normative standard

institutional protection for the author’s creative personality and individual autonomy… …allows greater freedom and unfettered engagement in producing works of authorship

the existence of diverse forms of creative works will not necessarily promote progress of science and arts… …producing and using works of authorship with the intent of contributing towards progress will

authentic authorship is not an implicit call for moral rights

Thank You