Intellectual property and common property: the mixed nature of copyright from the standpoint of the common good

Abstract

In the different protection systems - backed by the views of the thinkers who influenced them the most - the concept of copyright as been defended traditionally as a natural right, with the understanding that it comes as a result of the author's work and as an extension or reflection of his/her own personality. This paper suggests several clarifications on this concept and proposes new alternatives for responding quid ius auctore; namely, copyrights, using Aristotelian-Thomistic categories. In doing so, it offers a philosophical approach to the specific problems with this right, founded on the concepts of basic human goods, tendencies or inclinations, common good and common property. The analysis focuses initially on the author and on the process of creating a work, then goes on to review the patrimonial and moral faculties that identify that right and its characterization as a human right. Lastly, there are several remarks on the nature of the right holder, with the understanding that it differs from that of the author considered individually.