If explanation for or justification of intellectual

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

Hegel’s
theory of labor is seemingly familiar with that of Locke’s theory, but with one
minor difference. There is a mention of one’s ‘personality’ or ‘will’ known as
the Hegelian Personality Theory, which put in the most concise manner claims
that a certain idea belongs to the creator of a work because it is he who
manifests his personality or self into the work. Since a creator has manifested his persona onto his work or has his persona
impregnated in his idea, he should be the rightful owner of the work created. Hegel
viewed and understood ‘property’ as a tool that aids a person to manifest his personality
and therefore have the right to exercise subjective freedom over it.

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Like
the Lockean labor theory, it is clear that a Hegelian personality theory cannot
do as an overall explanation for or justification of intellectual property
policies and practices. Nonetheless, both of these theories do reflect some
important values worthy of consideration. However, the Hegelian and the Kantian
theory have discrepancies and do not provide definitive answers to questions
such as the period of ownership of the property and whether the right in the
property subsists even upon death of an individual. But, these are vital
theories that support the argument in the favor of the authors i.e., the
creators of the work who are the authors. The Kantian theory however, speaks
largely of autonomy over the work, and is also one of the most celebrated and
used justifications for intellectual property rights. Like the Hegelian theory,
the Kantian theory holds individual autonomy over the work as the most
imperative requisite owing to the belief that human existence can be realized
to its maximum or the most ideal existence through the acknowledgement and full
recognition of an individual’s property rights. The relation between an
individual and an object is strengthened by the sole means of awarding
ownership rights over the work created.

 

These
philosophers, who belong to the Classical Theorists’ category emphasize on the
importance of self-ownership of property and Each of these theories can be
characterized as broadly individualistic, wherein the focus is on the creator
or the person putting in the labor, who essentially seeks to obtain absolute
control over the work and henceforth reap the benefits. The modern copyright
regime is taken after a large chunk of the arguments put forth by the classical
theorists regarding the ownership and has thus formed the guiding theory for
modern copyright regime.