Why copyright and how to get beyond? An historical reappraisal of literary and artistic property from Augustin-Charles Renouard to Henry Carey
A quick historical examination of the key moments in the development of copyright reveals how much this property has been challenged and questioned by legal scholars, philosophers and economists. Part of this controversial aspect of copyright law is rooted in the very nature of its philosophical foundations disputed by the utilitarian paradigm on one side, and the deontological paradigm on the other side. The debate is even more complex as there is no clear consensus within each competing paradigm for supporting intellectual property. The aim of this paper is to clarify such complexity by going back to discussions occurring during the nineteenth century, through the analysis of the arguments of Augustin-Charles Renouard and Henry Carey against the concept of intellectual property.
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Keywords: copyright, intellectual property, Carey,
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