If explanation for or justification of intellectual

If anindividual puts in a certain amount of labor and creates a certain work, heshould be fully entitled to reap the benefits of the work alone as he is thetrue owner of the work and this Natural right of property is vested in him andwhich translates to the modern equivalent of ‘moral rights’.

Hegel’stheory of labor is seemingly familiar with that of Locke’s theory, but with oneminor difference. There is a mention of one’s ‘personality’ or ‘will’ known asthe Hegelian Personality Theory, which put in the most concise manner claimsthat a certain idea belongs to the creator of a work because it is he whomanifests his personality or self into the work. Since a creator has manifested his persona onto his work or has his personaimpregnated in his idea, he should be the rightful owner of the work created. Hegelviewed and understood ‘property’ as a tool that aids a person to manifest his personalityand therefore have the right to exercise subjective freedom over it.  Likethe Lockean labor theory, it is clear that a Hegelian personality theory cannotdo as an overall explanation for or justification of intellectual propertypolicies and practices.

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Nonetheless, both of these theories do reflect someimportant values worthy of consideration. However, the Hegelian and the Kantiantheory have discrepancies and do not provide definitive answers to questionssuch as the period of ownership of the property and whether the right in theproperty subsists even upon death of an individual. But, these are vitaltheories that support the argument in the favor of the authors i.e.

, thecreators of the work who are the authors. The Kantian theory however, speakslargely of autonomy over the work, and is also one of the most celebrated andused justifications for intellectual property rights. Like the Hegelian theory,the Kantian theory holds individual autonomy over the work as the mostimperative requisite owing to the belief that human existence can be realizedto its maximum or the most ideal existence through the acknowledgement and fullrecognition of an individual’s property rights. The relation between anindividual and an object is strengthened by the sole means of awardingownership rights over the work created.  Thesephilosophers, who belong to the Classical Theorists’ category emphasize on theimportance of self-ownership of property and Each of these theories can becharacterized as broadly individualistic, wherein the focus is on the creatoror the person putting in the labor, who essentially seeks to obtain absolutecontrol over the work and henceforth reap the benefits.

The modern copyrightregime is taken after a large chunk of the arguments put forth by the classicaltheorists regarding the ownership and has thus formed the guiding theory formodern copyright regime.  


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