אוטונומיה של ביטוי כבסיס הנורמטיבי לזכויות יוצרים

תקציר

Copyright doctrine is here analysed in light of the concepts of autonomy and expression in Jewish thought and Kantian philosophy. The analysis begins by showing the theoretical framework of autonomy of expression to be superior for copyright to the incorporation theory of property in personality. The discussion then turns to Jewish sources and Kantian concepts, which provide normative base structures in the liberal Western approach. In Judaism the human is said to be created in the image of God as a creative being; similarly, Kantian moral philosophy suggests that expression is a natural human purpose. It is seen that concepts from Jewish thought and Kantian theory support the rights and defenses provided to authors and users in copyright. Both systems of thought affirm ethical duties of respect between and among all authors, with users included among them. I submit that in copyright doctrine, these duties of respect are to be strengthened.