Debate On Essentials Of Authorship: Copyright System Vs Author’s Right System

raza73 Comments
Categories: Asma Raza

The digital world challenges fundamental standards of intellectual property protection laws. All of this intellectual property, especially copyright, needs a new perspective.

What are the principles of copyright in “works”?

Scope of copyright and Author’s Right

From a legal point of view, there are two areas: the copyright system (Anglo-Saxon approach), as in countries such as the United Kingdom, New Zealand, Australia and the United States. States and the Author’s Right system (European continental approach, also known as “droit d’auteur’ system”), as in countries such as Germany, France, Indonesia and Vietnam. Since both systems influence each other (also in the case of the Berne Convention, TRIPS agreement, etc.), it is no longer possible to classify a system of a country that is strictly protected by copyright or copyright.

The basics of modern copyright law date back to the English Act of Anna of 1710, the United States Constitution of 1787, and French post-revolutionary provisions (when I use “Copyright” I mean both the copyright system and the copyright system).

The beginnings of copyright were in the concept of “freedom”, which gained strength in the 17th and 18th centuries. The term ‘freedom’ sees ‘property’ as a means of guaranteeing individual freedom. Philosophers such as John Locke, Rousseau, Kant and Hegel contributed to the philosophy of “ownership”. By way of illustration, Locke assumed that everyone was his teacher and therefore owned every product of his work as a property (part of natural law theory). This philosophy mainly affected the copyright system.

On the other hand, the copyright system is based on a utilitarian approach (which justifies the protection of copyright through incentives to create and improve the general well-being of societies). This principle automatically indicates the role that the investor (and not the creator) plays in creating a “job”.

If you can compare the fundamental difference between the two systems, it is as follows: Unlike the copyright system, the protection of the continental system treats the “author”. For example, article 11 of the (German) copyright law of 9 September 1965 states: “Copyright protects the author in his intellectual and personal relationship with the work and in the use of the work. It also serves to provide adequate remuneration for the use of the work. “

Who can be an author?

Conceptually, only a natural person can be an author in the author right system. For example, art. 2 clause 2 of the German Copyright Law of September 9, 1965, states that “only the author’s intellectual creation represents his work within the meaning of this Law”. Furthermore, art. 9 article 1 of the Copyright Law establishes that “the author of the work is the natural person who created it”. On the contrary, the copyright system allows natural and legal persons to obtain these rights.

Copyright Law and Creations of Algorithms/AI

Conceptually, the copyright system does not cover the protection of works created by a natural person. However, the copyright system differs in this context. Copyright protection is not focused on the author, but on work or “work”. In general, the person who created it does not affect the system. However, the extension of the authors by an algorithm or artificial intelligence is a problem that has not been solved by the basic principles of copyright.

Why is this discussion relevant in the Pakistani context?

With the increasing importance of the digital world, especially with regard to COVID-19 and the emergence of new technologies, it may be necessary to review copyright rules. In my opinion, Pakistani copyright is mainly influenced by the Anglo-Saxon approach (with some characteristics of copyright, such as “moral laws”). I believe that Pakistani copyright can be significantly improved and made more only by looking closely at systems and acknowledging the challenges of the 21st century.


  1. I visited various blogs except the audio feature for audio songs present at
    this site is in fact wonderful.

  2. You are so awesome! I do not think I’ve read through anything like this before.
    So great to discover somebody with a few original
    thoughts on this subject matter. Seriously.. thanks for starting this up.
    This web site is one thing that is needed on the internet,
    someone with a bit of originality!

  3. Hi there to all, since I am actually eager of reading this blog’s post to be updated regularly.
    It contains fastidious material.

  4. Wow! At last I got a weblog from where I be able to really obtain valuable
    information concerning my study and knowledge.

  5. My brother suggested I might like this website.
    He was once totally right. This post actually made my day.
    You can not consider just how so much time I had spent
    for this info! Thank you!

  6. Wonderful goods from you, man. I have understand your stuff previous to and you’re just too great.

    I actually like what you have acquired here, certainly like
    what you are saying and the way in which you say it.
    You make it enjoyable and you still care for to keep it wise.
    I cant wait to read much more from you. This is actually a tremendous web site.

  7. I was recommended this website through my cousin. I am now not certain whether this
    submit is written by means of him as nobody else understand such exact about my difficulty.
    You’re incredible! Thanks!

  8. great issues altogether, you just received a emblem new reader.
    What might you recommend about your publish that you just made some days ago?
    Any sure?

  9. naturally like your website however you have to test the spelling on several
    of your posts. Many of them are rife with spelling problems and I in finding it very
    troublesome to inform the truth however I will certainly come back

  10. This is the right website for everyone who really wants
    to understand this topic. You understand so much its almost tough to argue with you (not that I personally would want
    to…HaHa). You certainly put a fresh spin on a subject that’s been written about for years.
    Great stuff, just excellent! quest bars quest bars

  11. I know this if off topic but I’m looking into starting my own weblog and was
    wondering what all is required to get set up? I’m assuming having a blog like yours would cost a pretty penny?

    I’m not very internet savvy so I’m not 100% sure.
    Any tips or advice would be greatly appreciated. Thank you asmr asmr

  12. Because the admin of this website is working, no question very quickly it will be famous,
    due to its quality contents. scoliosis surgery scoliosis surgery

  13. It’s really very difficult in this busy life to listen news on Television, therefore I just use
    world wide web for that purpose, and take the latest news.
    cheap flights cheap flights

  14. Amoxicillin If Pregnant

  15. Hello, I do think your site could possibly be having web
    browser compatibility problems. Whenever I look at your website in Safari,
    it looks fine however when opening in Internet Explorer, it’s got some
    overlapping issues. I merely wanted to provide you with a quick heads up!
    Other than that, excellent blog! quest bars quest bars

  16. fantastic issues altogether, you simply received a new
    reader. What may you recommend about your post that you made a few days in the past?
    Any sure? scoliosis surgery scoliosis surgery

  17. – buy priligy on the internet without a prescription

  18. Does your blog have a contact page? I’m having trouble locating it but, I’d like to send you an email.
    I’ve got some suggestions for your blog you might be interested in hearing.
    Either way, great site and I look forward to seeing it
    improve over time. ps4 games ps4 games

  19. – hydroxychloroquine online purchase

  20. Will Amoxicillin Help A Uti

  21. – prednisolone 20 mg tablets

  22. Hi there would you mind sharing which blog platform you’re using?

    I’m going to start my own blog soon but I’m having a tough time selecting
    between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I’m looking for something unique.
    P.S Apologies for getting off-topic but I had to ask!
    part time jobs hired in 30 minutes

  23. What Does Amoxicillin Treat In Dogs

  24. Can Cephalexin Affect Blood Sugar

  25. Buy Albuterol Inhaler Online Cheap

  26. Prix Du Cialis 5 Mg En Pharmacie

  27. Viagra Prix En Pharmacie Belgique

  28. Very energetic post, I liked that bit. Will there be a part 2?

  29. buy genuine levitra online

  30. ckuk kamagra who manufactures kamagra st miglior prezzo kamagra

  31. cialis at canadian pharmacy tadalafil

Leave Comments

Contact Us

Monday – Saturday: 9 am to 6 pm
Sunday: day off