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The economic justification of the terms of copyright protection for GK4

The legal representative of society (the state) provided the author with the infrastructure, knowledge, protection, etc. necessary to create the results of intellectual activity. Therefore, in order to get the right to earn money on the results of his work, the author must enter into an agreement with the society. Such a contract is the law.

In turn, the law must fairly take into account both the interests of the author and public interest. One of the fundamental interests of society is the growth of the welfare of members of society, the growth of the economy.

According to the economist of the University of Cambridge, Rufus Pollock, Ph. D., economically reasonable (optimal) is the term of protection of copyright, which is 15 years from the date of publication of the work . The calculations are in the form of scientific work, which is published under a free license .
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Of course, 15 years is a figure obtained on a limited sample. Stallman believes that this period should not exceed 10 years (reference to Stallman’s famous article, khim translation ). In any case, in order for the law not to harm the economy, before setting the time limits for copyright protection for a particular industry, it is necessary to conduct appropriate scientific research and give a financial and economic justification.

And this is how the financial and economic rationale for the federal law enters into force, enacting the fourth part of the Civil Code, consisting of several lines. Why should the initiator of the bill bother with orders of serious scientific research, or at least search for them, is it?

Source: https://habr.com/ru/post/20322/


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