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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Rahul argues that a Kolkata publisher should not be granted perpetual copyright in a novel because ideas build on earlier works and the public domain must be enriched after a fair reward period. Which theoretical idea does this most directly rely on?

He relies on the utilitarian theory's balance between rewarding creators and benefiting the public. Rights are given only for a limited term so that, afterwards, the work enters the public domain and supports further creativity and social welfare.

  1. AThe public benefit balance in the utilitarian theory, limiting rights in timeCorrect
  2. BThe personality theory, requiring perpetual protection of identity
  3. CThe labour theory, requiring unlimited reward for effort
  4. DThe natural rights view that rights must never expire

Explanation

Utilitarian reasoning balances incentive to creators against public access, so rights are granted for a limited term after which works enter the public domain. Personality and natural-rights approaches tend to favour stronger or longer protection. Hence the time limit fits the utilitarian balance.

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