A Rawlsian perspective on copyright and justice in Italy
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Maria BOTTIS and Andreas GIANNAKOULOPOULOS (eds), Proceedings of the Fifth International Conference on Information Law and Ethics : Equity, Integrity & Beauty in Information Law & Ethics 2012, Athens : Nomiki Bibliothiki, 2013, pp. 168-182
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LAUKYTE, Migle, A Rawlsian perspective on copyright and justice in Italy, in Maria BOTTIS and Andreas GIANNAKOULOPOULOS (eds), Proceedings of the Fifth International Conference on Information Law and Ethics : Equity, Integrity & Beauty in Information Law & Ethics 2012, Athens : Nomiki Bibliothiki, 2013, pp. 168-182 - https://hdl.handle.net/1814/30457
Abstract
My focus in this paper will be on the system of rights and duties existing under Italian copyright law, and I will accordingly look at how this law has a role in either maintaining inequalities or creating them anew, thus holding back the project for a just society. The discussion will be two-pronged, for on the one hand I will be looking at the copyright law currently in force in Italy—the current framework under which the results of our creative endeavors are distributed in society, especially as concerns the question of who can benefit from copyrighted content and under what conditions—and on the other hand I consider how the current system can be improved so as to make it more even-handed from the standpoint of those for whom copyright constraints preclude access to works of authorship, an analysis I take up drawing on Rawls’s difference principle, under which social inequalities are legitimate only if they work out to the benefit for the least advantaged.