On Jurisprudence Base Of Copyright Auto-generation

The protection of copyright becomes more and more difficult,with the impact of information technology.The legal rule that copyright auto-generation is considered outdated.Thus,some people advocate restoring copyright registration system,or establishing a new one.Whether it is to support or refute the registration of copyright,the preconditions are to figure out the jurisprudencial reason of different intellectual property rights generation.Through the systematic study on the history of intellectual property and jurisprudencial,this paper finds that existing theories can give an explanation to some extent for copyright auto-generation in a specific historical stage.However,these theories still lack comprehensiveness.This paper argues that individualism is the foundation for copyright auto-generation.Because,to explain copyright auto-generation,existing theories also based on individualism.The first chapter systematically combs the theories that can explain the phenomenon of copyright auto-generation,and divides these theories into three parts: natural rights,utilitarianism and personality priorism theory.The first chapter analyzes the argumentation processes and methods of natural rights theory and utilitarianism.Natural rights theory and utilitarianism are two theoretical frameworks for explaining copyright auto-generation.The former use transcendental while the latter use empirical method.John Locke's labor theory of ownership and Jean Jacques Rousseau's social contract theory own deadly flaws,so they failed to make explanation why copyright is auto generate while other intellectual property rights like patent and trademark right are non-auto generate.Caused by the inherent difference between tangible and intangible property,classical property theory are not rational.In order to reconcile this difference,Kant expanded object's scope of property rights.Kant's theory thus becomes the representative of natural rights theory.In utilitarianism,the theory of incentives and balance of interests claim copyright auto-generation is helpful to the realization of maximum happiness.However,this view lacks adequate empirical basis to support.Proprietarianism links maximum happiness and personal interests,which considers copyright auto-generation is the most beneficial to individuals.Proprietarianism is more reliable,because it has relatively adequate support from historical evidence.The second chapter analyzes the explanatory power of the theories mentioned above.This chapter according to the consistency of theoretical system,take different theories into the phenomenon of copyright auto-generation,and observe its suitability.This chapter shows that natural rights theory has the weakest explanatory power,utilitarianism's is relatively stronger,personality priority theory's is strongest.There are three reasons make explanations' s explanatory power sort in this order.First,transcendental is not accepted by people as well as the empirical method,because transcendental materials can not be proved.Second,even though utilitarianism's explanatory power is stronger than natural rights theory's,there is no adequate empirical basis to support its argument.Third,personality priorism theory claims that copyright originally manifested as personality rights,property right attribute is put into second place.The personality right attribute of copyright brings about the appearance of copyright auto-generation.The right of personality is concluded from empirical world,so it has a strong empirical attribute,which means personality right can be demonstrated.Therefore,people tend to accept this explanation.The third chapter tries to put forward a new theory: individualism leads to copyright auto-generation.Because all theoretical basis of the theories mentioned above lies in individualism.The purpose of natural rights theory as same as utilitarianism's is to highlight human nature,and to serve for people's survival and development.Different theories provide different explanations for copyright auto-generation,which represent different ways to achieve these goals.Due to these theories want to realize the same purpose,this paper argues that individualism is the fundation for copyright auto-generation.The goal of individualism is to protect individual's subjectivity.So,individualism resort to legal rights to accomplish this goal.Individual's subjectivity has two meanings.First,everyone is independent,which is the inherent meaning of individualism.Second,everyone is different,this meaning fused from personality priorism theory.Copyright auto-generation is the result from individualism.