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  • Essay / Copyright protection is a borderline theory for copyright

    Copyright protection does not have a single theory that fully justifies its existence, nor can it . No two authors are the same and, as such, they are all motivated and incentivized in different ways; any justification for copyright in Anglo-American jurisprudence must be multifaceted to be able to fully justify the use of copyright. This essay will first explore the economic incentives theory of copyright, praising its effectiveness in commercial areas, but ultimately concluding that, especially in the Internet age, it is lacking as a unique justification for copyright . Natural theories of work and expression will then be examined in light of the gaps left by incentive theory; we will discuss the effectiveness of both theories, particularly expression, in the private sphere. The three theories will then be examined together as they relate to modern society and its needs for copyright protection and this essay will conclude that no single theory could fully justify copyright due to the great diversity of authors who require its protection. the most appropriate and effective way to fully justify copyright. The costs of producing works can be high and time-consuming. Once a work is created, it can then be easily copied for a fraction of the cost and in a fraction of the time. (or even no charge at all) Without copyright protection preventing such copying, there would be no incentive for (for) the author to create works in the first place. The incentive theory is the most popular theory justifying copyright in Anglo-American countries. Jurisprudence, where its advantages in the protection of works and authors with a more commercial vocation are obvious. It is effective in that it encourages authors with the perspective......middle of the article......on its own, can function effectively as a singular justification. Although economic incentives are the most popular in modern law, they do not justify copyright protection in all situations in which protection can be applied. Lockean and Hegelian natural theories also suffer from their inability to cover all potential authors. This is because copyright covers works ranging from industrial to artistic and therefore the motivations of the authors involved vary, as do the justifications for granting protection to their works. As a result, copyright cannot have any single theory that fully justifies its existence. The optimal approach to justifying copyright law is to combine economic and natural rights into a more flexible theorem that could justify the protection of a wide range of authors and their different motivations..