A Legal Approach to the Concept of Copyright. A Definition as Freedom of Artistic and Scientific Output or as Property Right

Abstract

This article discusses the nature of copyright as a fundamental right. After studying the two faces of copyright, both economic and moral, I analyze whether copyright should be seen as part of the freedom of artistic and scientific creation (article 20.1.b Spanish Constitution) or as part of the general property right (article 33). Finally, I explore the possibility of applying these conclusions to other intellectual property rights (related rights, patents, trademarks, etc.). This discussion is not trivial. The weight of copyright in case of conflict with other rights (such as privacy and freedom of speech) depends on the nature of copyright as a fundamental right or not.