Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Property Attributes Of Copyright, Pascale Chapdelaine
The Property Attributes Of Copyright, Pascale Chapdelaine
Law Publications
The primary goal of this article is to look at the property attributes of copyright to inform a more nuanced understanding of the nature of copyright that emphasizes its distinct character. I resort primarily to James W. Harris' theory in Property and Justice, and in particular, on the insights that his characterization of property as the twin manifestation of trespassory rules and of an ownership spectrum, bring to the understanding of copyright. While copyright holders' right to exclude has been a focal point in copyright theory, looking at copyright through trespassory rules and the ownership spectrum allows me to discern …
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part Two), Pascale Chapdelaine
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part Two), Pascale Chapdelaine
Law Publications
Copyright laws throughout the world are copyright holder centric and present a very fragmented source to comprehend the rights of users, and in particular of consumers owning copies of copyrighted works. Although in recent years, a growing number of commentators have worked towards defining the place of users in copyright law, little attention has been devoted to the nature and justifications of copy ownership of copyrighted works. This paper applies property and copyright theory to define and justify the existence of copy ownership of copyrighted works. It seeks to carve out in clearer terms the place of copy ownership legally …
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part One), Pascale Chapdelaine
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part One), Pascale Chapdelaine
Law Publications
Copyright laws throughout the world are copyright holder centric and present a very fragmented source to comprehend the rights of users, and in particular of consumers owning copies of copyrighted works. Although in recent years, a growing number of commentators have worked towards defining the place of users in copyright law, little attention has been devoted to the nature and justifications of copy ownership of copyrighted works. This paper applies property and copyright theory to define and justify the existence of copy ownership of copyrighted works. It seeks to carve out in clearer terms the place of copy ownership legally …