ECONOMIC ANALYSIS OF THE INSTITUTE OF CITATION AS A LIMITATION OF EXCLUSIVE COPYRIGHT IN MODERN LEGAL PHILOSOPHY
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Author(s): | Bydantsev A. G., |
| Number of journal: | 3(76) | Date: | September 2026 |
| Annotation: | The article is devoted to the theoretical understanding of the institution of citation as a legitimate limitation of exclusive copyright in the context of modern legal philosophy. The objective of the work is to substantiate the economic rationality of Article 1274 of the Civil Code of the Russian Federation through a synthesis of philosophical, legal and economic approaches. The study was conducted using dialectical, comparative legal, formal legal methods, as well as the method of economic analysis of law. The work compares the natural law tradition (J. Locke, I. Kant, G. W. F. Hegel) and the utilitarian approach (I. Bentham, R. Posner) to the justification of copyright. Based on R. Coase’s theorem, the concept of transaction costs and the classification of legal regimes by G. Calabresi and A. D. Melamed, it is substantiated that citation represents a “market failure” when the costs of coordinating the use of each fragment many times exceed the value of permission. It is established that the legislator, by enshrining the freedom of citation in Article 1274 of the Civil Code of the Russian Federation, forcibly transfers this method of use from the property rule to the liability rule with zero compensation. The philosophical justification for this decision is first drawn from Hegelian dialectic, where citation is presented as a moment of “sublation” of the author’s absolute right for the sake of the common good. It is proven that the proposed approach ensures the unity of economic and sociolegal foundations in the regulation of citation, filling the gaps in the existing law enforcement criteria. The scientific contribution of this work lies in the development of theoretical understandings of the institution of citation through interdisciplinary synthesis. The results obtained can be used to improve legislation and update the criteria for lawful citation. | ||
| Keywords: | economic analysis of law, copyright, exclusive right, citation, Coase theorem, transaction costs, property rules, liability rules, deontologism, utilitarianism, free use, fair use |
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| For citation: | Bydantsev A. G. Economic analysis of the institute of citation as a limitation of exclusive copyright in modern legal philosophy. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;3(76):192—197. DOI: 10.25683/VOLBI.2026.76.1675. |
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