The Author’s Rights in Literary and Artistic Works, 9 J. Marshall Rev. Intell. Prop. L. 453 (2009)

Authorship and creativity are products of authentic human expression that the law must encourage in order for works to be produced. The commercial market for literary and artistic works encourages the creation of diverse works to meet popular consumer demand. Focus on popular demand may, however, result in works that lack social, educational and cultural value or utility. Natural law philosophy suggests that the copyright system should be an ethical and moral institution that would, in turn, promote the progress of society through authentic authorship.

While economic incentives offer authors market rewards that may facilitate the creation and dissemination, economic rights represent only a portion of rights, which the copyright system should recognize in the author. This paper makes the case for the recognition of property rights in the author’s creation, which originating from an author’s the act of creativity and authorship, is a right to the author’s literary and artistic creation that is good against the world, and, if protected, will result in authentic expressions of greater significance upon the progress of science and the useful arts in society.