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Основания Общей теории авторства
This article continues a series of publications devoted to outlining the fundamental tenets of the General Theory of Authorship, which began with the article “Introduction to the Concept of the General Theory of Authorship”, published in the journal “Works on Intellectual Property”, No. 3, 2023.
The article examines the meta-legal foundations of the General Theory of Authorship, namely, informational- anthropological, informational-technological, moral-legal, and logical-legal foundations.
The informational-anthropological foundations of the General Theory of Authorship are characterized by the fact that, while processing all incoming information, the human brain forms knowledge and skills, as well as understanding, imagination, ideas, images, etc., based on the individual’s needs. Although the basic needs, determined by human biological nature (food, sleep, rest), are primary in the hierarchy of needs, at the top of Maslow’s pyramid are meta-needs, namely the need for self-realization through creativity. In other words, the need to be a creator, an Author, is ingrained in human social nature.
The informational-technological foundations of the General Theory of Authorship reflect the objective interdependence between authorial creativity and the level of development of technologies for the production, transmission, and storage of information embodied in intellectual property. The concept of artificial intelligence technology as “artificial quasi-intelligence” or “artificial intelligence simulator” is substantiated. A hypothesis is advanced regarding the division of labor between the Author and the Reader in the process of “co-creation” of an intellectual property object, which fosters solidarity.
The moral-legal foundations of the General Theory of Authorship are analyzed from the standpoint of distinguishing between the morality of duty and the morality of aspiration. The relationship between the morality of duty and the property rights of the Author is noted, while the morality of aspiration is linked to the moral rights of the Author.
The logical-legal foundations of the General Theory of Authorship are examined from the perspective of their social neutrality. It is argued that the presence of contradictory provisions within current legislation may indicate not only a logical but also a teleological conflict, or legislative negligence. Specific examples of logically conflicting provisions are provided and analyzed.