David Felipe Alvarez, “Common elements from the theories of copyright regarding the protection of author’s moral and material interests”
This paper proposes a revision of some of the principal theories regarding copyright in order to find its relation with the possible elements that would support author’srights as human rights. The principal conclusion in this paperis to recognise that the discourse of autonomy and freedom of expression regards anyone, and the author is this “anyone” who potentially could express and exercise his communicative power. His will is fundamental for this purpose. Is author’s volition what makes possible to publish or not a given expression, and in terms of communicative rationality, it means that such will is in the middle between communication or not communication. This means that individuals are potential holders of social power. Such power emerges through the intersubjective exchange of opinions and this is possible under conditions of autonomy. Finally in this paper it will be analysed that copyright cannot only be explained as mere property. A natural law conception of copyright could not be limited to the idea of natural property, which would be an incomplete conceptualization of copyright. Instead, copyright should be inscribed in the system of constitutional rights with a very important role in democracy.