Prof. William Fisher identified four analytical constructs of theories of intellectual property under which of the following sequences?
 (1) Personality Theory
(2) Labour Theory
 (3) Social Planning Theory
 (4) Utilitarian Theory

Correct option is C

The correct option is  (c): (2), (4), (1), (3).

Explanation

While the student suggested that Utilitarian Theory should come first, Prof. William Fisher, in his seminal work "Theories of Intellectual Property", presents these constructs in a specific analytical sequence based on their historical and theoretical prominence. The correct sequence as per the scholarly article is:

1. (2) Labour Theory: Fisher begins with the Lockean perspective, which argues that a person has a natural right to the property created through their own physical or intellectual effort.

2. (4) Utilitarian Theory: He then moves to the dominant economic framework which justifies IP rights as a necessary incentive to promote innovation for the greatest good of the greatest number (Social Welfare).

3. (1) Personality Theory: Derived from Hegel and Kant, this theory justifies IP because the creation is considered an external expression of the author's personality.

4. (3) Social Planning Theory: Finally, Fisher discusses a more modern, eclectic construct where IP is a tool to foster a just and attractive intellectual culture and participatory society.

Information Booster:

Prof. William Fisher's categorization is one of the most cited frameworks in IP jurisprudence. It helps bridge the gap between "Moral Rights" (Natural Law) and "Economic Rights" (Positivism).

Summary of Fisher’s Constructs:

• Labour-Desert Theory: Focuses on the "right" to reward for effort.

• Utilitarianism: Focuses on the "incentive" for future production.

• Personhood Theory: Focuses on the "connection" between the creator and the work.

• Social Planning: Focuses on the "impact" on cultural and democratic life.