Comparison between copyright and ownership of the common law Cover Image
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Comparaţie între dreptul de autor şi dreptul de proprietate din dreptul comun
Comparison between copyright and ownership of the common law

Author(s): Cornelia Dumitru
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: property; copyright; uzus; fructus; abusus

Summary/Abstract: This study is meant as a comparison between copywright and ownership of the common law, starting from the fact that the present legislation, namely Law nr. 8/1996 on copyright and related rights, approaches the copyright analitically, by talking about moral and economic rights that are due to the author of a literary, artistic or scientific work, but it does not claryfy the legal category that they fall into. This comparison is important în terms of shaping the legal nature of copyright given that this issue has been and continues to be the subject of controversy and given the fact that it approaches the real rights as exclusive rights of exploitation through the specific way of recovering the copyright by the author or his heirs. Copyright holders have their attributes as jus possidenti, jus utendi, jus abutendi and jus fruendi and, from this perspective, they can be classified as real rights covering intangible assets. Intellectual creation is considered the most personal, most legitimate, most sacred and most unassailable of all properties. The monopoly unpon the exploitation of copyright offers a striking analogy with the ownership în property rights. This is the most complete mastery that involves spiritual works and a modern form of appropriation of property. Copyright holder is the only entitled to exploit the intellectual property subject to his right, having the use of the work directly and immediately.

  • Issue Year: 2011
  • Issue No: 03
  • Page Range: 13-42
  • Page Count: 1
  • Language: Romanian