Author's rights and social opening in the international perspective

In the preservation of the author’s rights often prevails some aspects that can be brought back to the creative autonomy of authors and publishers, like a vertical system in which every distribution or fruition act of the creative contents is authorized and controlled. On this point are well known those prejudicial opinions and critical positions that seem to prevent any opening policies in the name of unspecified “international treaties”. However, a social opening is present in the international area and there could be forms of opening and mediation – even if this social opening does not have a defined content and is subdued to state legislation. The international organisation is well aware of this need of differentiation that often appears and which requires an adaptation to some limitations without that the whole discipline of the auhtor’s rights (sometimes confused with copyright) risks to be misconceived. Then, there must be discovered the exceptions to the legislation that refer to the payment of the author’s and the related rights to assure, from one hand, the social opening to the system in a responsible way. In other words, the matter is not to rewrite all the author’s rights issue, but to focus better its application.