Legal croquis: The idea – a spiritual asset in the copyright dimension? Cover Image
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Crochiu juridic: Ideea – un bun spiritual în dimensiunea dreptului de autor
Legal croquis: The idea – a spiritual asset in the copyright dimension?

Author(s): Nicoleta Rodica Dominte
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: idea; expression; work; good; copyright;

Summary/Abstract: In this article, we will outline an analysis regarding the use of the phrase „spiritual good” in philosophical language to designate the idea in the realm of copyright. The analysis will have a legal dimension, followed by a metaphorical one in order to understand. We will consider the dichotomy idea – artistic expression that underpins the act of intellectual creation; the idea does not benefit from copyright protection, while the original expression of the idea is protected. In this construct, if the work is considered an incorporeal good, could the phrase „spiritual good” explain the abstract reality of the idea, which is the basis of the creation of a work?

  • Issue Year: 2022
  • Issue No: 4
  • Page Range: 97-101
  • Page Count: 5
  • Language: Romanian
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