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Physiocracy: Destructing The Integration Of Author

Posted on:2018-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q WeiFull Text:PDF
GTID:2346330542465154Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Relying on the path of physiocracy,with the help of historical analysis,this article attempts to answer the question why the French droit d'auteur system has not been entirely dictated by the logic of natural rights.Sharing the common origin of the printing privilege and the similar experience of the struggle of booksellers,France has developed a system of droit d'auteur with different characteristics from the Anglo-American copyright system.The 1777 decree,as the starting point of the system,deeply influenced by the physiocracy,broke the monopoly of the guild,encouraged the free competition,paid attention to the protection of the natural rights of the author,and united the pursuit of personal interests into the maintenance of social interests.The idea of French Physiocracy,which interwoven with the concept of natural rights and utilitarianism,still influenced the formation and development of the French droit d'auteur system after the French Revolution.The decrees enacted after the French Revolution,which not only recognized and expanded the public domain,but also added the provisions of the deposit procedure,as well as the relevant judicial jurisprudence made in the 19 th century for the recognition of the status of the main body of non-natural people,are reflected that France has strayed from the path of entirely natural rights under the influence of the physiocracy.The balance of interests between incentive creation and public access is actually the core of the droit d'auteur system and the copyright system.In the WEB 2.0 era,facing of rapid technological change,the balance of interests of the traditional copyright system still has a core value,and technology problems should be resolved by technology.
Keywords/Search Tags:the integration of author, physiocracy, 1777 decree, public domain, WEB 2.0
PDF Full Text Request
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