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Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb
Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb
Vanderbilt Journal of Entertainment & Technology Law
This Note focuses on orphan works--works whose copyright owners cannot be found--and the problems they create for libraries and archives that wish to preserve and facilitate access to them. After describing the legal basis for the orphan works problem, the Note analyzes and critiques proposed legislative and scholarly solutions. After concluding that prior solutions fail to adequately address the needs of libraries and archives, the Note offers a solution based on the policy rationales underlying the traditional property concept of adverse possession, since the justifications that supported the advent of the adverse possession doctrine can also be applied to the …
Real Property -- 1960 Tennessee Survey, Thomas G. Roady, Jr.
Real Property -- 1960 Tennessee Survey, Thomas G. Roady, Jr.
Vanderbilt Law Review
It is unfortunate that the statutes in this state on which such decisions as the instant one are based have not long since been repealed or modified. It is becoming more and more apparent that the courts cannot be expected to lessen the oftentimes arbitrary and seemingly unjust result which flows from the literal application of these statutes. The instant case would have been an excellent one in which to permit the defendant to establish the title of his grantors on the merits. But in spite of the desirability of relaxing the rigorous enforcement of such statutes, the court continues …
Real Property -- 1956 Tennessee Survey, Herman L. Trautman
Real Property -- 1956 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Bona Fide Purchases Without Notice: There were two cases, First Federal Savings and Loan Ass'n v. Dearth' and Harris v. Buchignani, decided during the year which concerned the title acquired by a purchaser of real property without actual notice of an unrecorded interest. The first of the above cases concerned a purchaser from the heir of the deceased record owner, and the second concerned a purchaser from a record owner who had previously executed a contract of sale which was not recorded. Both cases originated in Memphis.
Title By Adverse Possession In Tennessee, Allen Shoffner
Title By Adverse Possession In Tennessee, Allen Shoffner
Vanderbilt Law Review
The Tennessee courts have been unnecessarily burdened with the interpretation and application of ambiguous statutes; in consequence, the material to be found on adverse possession is voluminous and difficult to analyze. Yet the law on this subject seems to satisfy present day needs and is basically in accord with the policy of quieting titles. The method by which title may be acquired regardless of disabilities seems desirable. The seven-year defensive or possessory title statute, although peculiar in its nature, tends to encourage use and development of rural and mountainous lands. The presumption of a grant affords a way for one, …