ABSTRACT

The many different conceptions of ‘just copyright’ show that the concept satisfies Gallie’s formula. These conceptions range from utilitarian, labour-based and personality, to radical social approaches.1 This study is a variation of the latter. Copyright is a legal and social institution. It confers proprietary entitlement on authors and artists, and correlative duties on the public and consumers. As it stands, however, this structure is not properly defined and balanced.2 The duties the copyright system imposes on the public are disproportionate. Moreover, these rights erode the social and cultural realities from which copyrighted entities are created, and allow rightholders to disregard the role of the public to the formation of these entities. Every right guarantees authors a private domain. However, in copyright this guarantee also involves violation of collective rights and denial of the legitimate

1 See above, Chapters 1 and 2.