Rechtenstudent Journal
Vol. 5 No. 1 (2024): Rechtenstudent April 2024

Copyright Protection in Philosophical View as A Natural Right

Krisna Mukti Pradana (University of Jember, Indonesia)
Bayu Abdillah (University of Jember, Indonesia)
Dominikus Rato (University of Jember, Indonesia)
Fendy Setiawan (University of Jember, Indonesia)



Article Info

Publish Date
30 Apr 2024

Abstract

Copyright is intellectual property that needs to be protected in order to encourage respect for creative works and prevent copyright infringement. The aim of this research is to analyze the form of legal protection for copyright as a natural right from a philosophical perspective. The research method used is normative juridical with a philosophy approach. The results of this research are that the philosophy of copyright recognition refers to two theories, namely based on natural law theory and utilitarianism theory. Based on natural law theory, copyright is natural right after the creative work is completed, so the protection is automatic, there is no need for registration or enrollment. Recognition of copyright to creators as a moral right is adopted by Indonesia and France. Meanwhile, based on the Utilitarian theory, recognition of copyright in works, as an economic right, which requires registration, so that recognition and protection is given by the state through law, this theory is followed by America, England and Australia.

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Journal Info

Abbrev

rch

Publisher

Subject

Description

Rechtenstudent Journal publishes articles on law studies from various perspectives, literature studies, and field studies. This journal emphasizes aspects of positive legal with special reference to socio-legal activities, legal politics, criminal, civil, and the doctrine of both positive law/ ...