Properties of copyright
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Abstract
This chapter analyses the nature and structure of the property rights proposed by contemporary philosophical and legal theories of property - paying particular attention to factors of exclusion and exclusivity - before exploring the Implications of these theories for one part of intellectual property: copyright. It argues that two theories of property In particular give a defensible - though slightly different - account of copyright: the right to exclude others from performing an activity, and protecting a specific activity from harm. More broadly. the chapter shows how different visions of property capture different features of copyright law. Section l describes four different cases where a particular individual has entitlements to particular resources. It uses the Hohfeldian framework to explain the role of exclusion and exclusivity at work In these entitlements, and pins down the slippery notion of a 'right to exclude'. In section 2, these four results are used as templates of the four major property theories In the contemporary literature. With this analysis in tow, section 3 appraises how these four different types of property ideas apply to the objects of copyright. It considers the types of entitlements that emerge from their application, assessing the closeness of fit between these results and actual copyright law.
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Concepts of Property in Intellectual Property Law
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Breakey, H; Griffiths, J, Properties of copyright, Concepts of Property in Intellectual Property Law, pp. 137-160