earticle

영어

It is the culture that the copyright really counts for. Due to the relativity which is one of the most significant characters of culture, universal philosophy of copyright which is available regardless of time and space cannot exist. Historical approach is important in the point that philosophy cannot be actual apart from the context of the period. The traditions which justify copyright are divided into two; one is natural right tradition, the other is utilitarianism tradition. Under the civil law tradition countries, like France and Germany, copyright can help the relationship between authors and intellectual works have moral relevance, which is a natural right. On the other hand, the common law tradition countries, like the United Kingdom and the United States consider justification of copyright as the result of the special relation between society and intellectual works. Copyright is recognized as a statutory right not as a natural right. Hopefully, this basic research on the history and philosophy of copyright would make a contribution to solving international commerce problems like FTAs as well as the conflicts between copyright holders and users.