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Copyright as personal property : aclaw - intellectual property: acma /
Mysoor, Poorna,
Copyright as personal property : aclaw - intellectual property: acma / Poorna Mysoor. - 1. - XXV, 252 pages 23 CM.
Figures -
Tables -
Table of Cases -
UNITED KINGDOM -
COURT OF JUSTICE OF THE EUROPEAN UNION -
EUROPEAN COURT OF HUMAN RIGHTS -
AUSTRALIA -
NEW ZEALAND -
UNITED STATES -
Table of Statutes and Treaties -
UNITED KINGDOM -
Regulations -
AUSTRALIA -
CANADA -
NEW ZEALAND -
UNITED STATES OF AMERCIA -
EUROPEAN UNION DIRECTIVES -
INTERNATIONAL TREATIES AND INSTRUMENTS -
Abbreviations -
Introduction -
1. Why Does it Matter—Objectives -
2. Response to Sceptics -
3. Extant Literature and Moving the Needle -
4. Focus—‘Personal Property’ and ‘Copyright’ -
5. Scope and Coverage -
6. Structure of the Monograph -
1 Setting the Stage -
1. Introduction -
2. Copyright—a Primer -
3. Relationship with EU Law -
4. Copyright and International Treaties -
5. Human Rights and Copyright -
6. The Abiding Principle of Numerus Clausus -
7. Summary -
2 Thing-Relatedness in Copyright -
1. Introduction -
2. Copyright as a Chose in Possession? -
3. Work as a Thing -
(a) Substantive Content of the Work:
(i) Work as a normatively acceptable entity -
(ii) Categorisation of works and numerus clausus -
(iii) A new category of works and the Ainsworth criteria -
(b) Separability of the Work:
(i) Separable from human body -
(ii) Separable from the legal system and from the rights -
(c) Need for Form to be Regarded as a Work:
(i) Form as reification of the work -
(ii) Form and non-rivalrousness of work -
4. Benefits of Thinghood Analysis in Copyright -
5. Summary -
3 Acquisition of Copyright -
1. Introduction -
2. Accession, Possession, and Copyright -
(a) Manufacture, Physical Control, and Copyright -
(i) Relational signal -
(ii) Exclusionary signal -
(b) ‘Intention to Exclude’ and Copyright -
(c) From Work to Copyright Work -
3. Rivalrousness, Exclusivity, and Copyright -
4. Conceptual and Doctrinal Benefits -
(a) Taxonomical Implications -
(b) Teleological Explanation -
(c) Lessons from the Evolution of the Act of First Acquisition -
(d) Doctrinal Application -
5. Summary -
4 Ownership of Copyright -
1. Introduction -
2. Exclusionary Rights and Copyright -
(a) The Nature of Exclusionary Rights and Corresponding Duties -
(i) Copyright as a property right in the monopoly -
(ii) Copyright as a property right in the exclusionary rights themselves -
(iii) Copyright as a chose in action -
(iv) Preoccupation with the physical and exclusionary rights of copyright -
(b) Restricted Acts and Exclusionary Rights -
(c) Exclusionary Rights and Numerus Clausus in Copyright -
3. Exclusive Powers and Copyright -
4. Exclusive Privileges and Copyright -
5. Summary -
5 Copyright Enforcement and Remedies -
1. Introduction -
2. Copyright Infringement by Aanalogy with Property Torts -
(a) Copyright Infringement and Trespass -
(b) Copyright Infringement and Private Nuisance -
(c) Copyright Infringement and Liability in Negligence -
3. Proprietary Remedies for Copyright Infringement -
(a) Negotiating Damages -
(b) Account of Profits -
4. Summary -
6 Defences and Limits on Uses -
1. Introduction -
2. Defences to Copyright Infringement and Property Torts -
(a) Licence -
(i) Property owner’s power to consent -
(ii) Power of customary practices to permit use -
(iii) Power of the state to permit use based on public policy -
(b) Defences of Fair Dealing -
(c) Public Interest Defence -
(d) Prescription -
3. Limits to Use -
4. Summary -
7 Derivative Interests in Copyright -
1. Introduction -
2. Assignments -
(a) Partial Assignment of Copyright -
(i) Partial assignment as to exclusionary rights -
(ii) Partial assignments limited by time -
(b) Equitable Assignments -
3. Licences -
(a) Exclusive Licences -
(b) Non-Exclusive Licences -
4. Security Interests -
5. Options and Rights of Pre-emption -
6. Right to Receive Royalties -
7. Summary -
Final Remarks -
Bibliography -
Index.
"An abstract is a short description of your longer piece of work and is used as a free layer of content discoverable online. An abstract should not attempt to summarise the whole work as it is also there to show readers whether or not reading further is warranted. It is used to allow people searching on the internet to see that they have encountered a worthwhile 'hit'. This will encourage them to read further by clicking through to the work in full"--
9780192864420
2025935311
346.0482 / MYS
Copyright as personal property : aclaw - intellectual property: acma / Poorna Mysoor. - 1. - XXV, 252 pages 23 CM.
Figures -
Tables -
Table of Cases -
UNITED KINGDOM -
COURT OF JUSTICE OF THE EUROPEAN UNION -
EUROPEAN COURT OF HUMAN RIGHTS -
AUSTRALIA -
NEW ZEALAND -
UNITED STATES -
Table of Statutes and Treaties -
UNITED KINGDOM -
Regulations -
AUSTRALIA -
CANADA -
NEW ZEALAND -
UNITED STATES OF AMERCIA -
EUROPEAN UNION DIRECTIVES -
INTERNATIONAL TREATIES AND INSTRUMENTS -
Abbreviations -
Introduction -
1. Why Does it Matter—Objectives -
2. Response to Sceptics -
3. Extant Literature and Moving the Needle -
4. Focus—‘Personal Property’ and ‘Copyright’ -
5. Scope and Coverage -
6. Structure of the Monograph -
1 Setting the Stage -
1. Introduction -
2. Copyright—a Primer -
3. Relationship with EU Law -
4. Copyright and International Treaties -
5. Human Rights and Copyright -
6. The Abiding Principle of Numerus Clausus -
7. Summary -
2 Thing-Relatedness in Copyright -
1. Introduction -
2. Copyright as a Chose in Possession? -
3. Work as a Thing -
(a) Substantive Content of the Work:
(i) Work as a normatively acceptable entity -
(ii) Categorisation of works and numerus clausus -
(iii) A new category of works and the Ainsworth criteria -
(b) Separability of the Work:
(i) Separable from human body -
(ii) Separable from the legal system and from the rights -
(c) Need for Form to be Regarded as a Work:
(i) Form as reification of the work -
(ii) Form and non-rivalrousness of work -
4. Benefits of Thinghood Analysis in Copyright -
5. Summary -
3 Acquisition of Copyright -
1. Introduction -
2. Accession, Possession, and Copyright -
(a) Manufacture, Physical Control, and Copyright -
(i) Relational signal -
(ii) Exclusionary signal -
(b) ‘Intention to Exclude’ and Copyright -
(c) From Work to Copyright Work -
3. Rivalrousness, Exclusivity, and Copyright -
4. Conceptual and Doctrinal Benefits -
(a) Taxonomical Implications -
(b) Teleological Explanation -
(c) Lessons from the Evolution of the Act of First Acquisition -
(d) Doctrinal Application -
5. Summary -
4 Ownership of Copyright -
1. Introduction -
2. Exclusionary Rights and Copyright -
(a) The Nature of Exclusionary Rights and Corresponding Duties -
(i) Copyright as a property right in the monopoly -
(ii) Copyright as a property right in the exclusionary rights themselves -
(iii) Copyright as a chose in action -
(iv) Preoccupation with the physical and exclusionary rights of copyright -
(b) Restricted Acts and Exclusionary Rights -
(c) Exclusionary Rights and Numerus Clausus in Copyright -
3. Exclusive Powers and Copyright -
4. Exclusive Privileges and Copyright -
5. Summary -
5 Copyright Enforcement and Remedies -
1. Introduction -
2. Copyright Infringement by Aanalogy with Property Torts -
(a) Copyright Infringement and Trespass -
(b) Copyright Infringement and Private Nuisance -
(c) Copyright Infringement and Liability in Negligence -
3. Proprietary Remedies for Copyright Infringement -
(a) Negotiating Damages -
(b) Account of Profits -
4. Summary -
6 Defences and Limits on Uses -
1. Introduction -
2. Defences to Copyright Infringement and Property Torts -
(a) Licence -
(i) Property owner’s power to consent -
(ii) Power of customary practices to permit use -
(iii) Power of the state to permit use based on public policy -
(b) Defences of Fair Dealing -
(c) Public Interest Defence -
(d) Prescription -
3. Limits to Use -
4. Summary -
7 Derivative Interests in Copyright -
1. Introduction -
2. Assignments -
(a) Partial Assignment of Copyright -
(i) Partial assignment as to exclusionary rights -
(ii) Partial assignments limited by time -
(b) Equitable Assignments -
3. Licences -
(a) Exclusive Licences -
(b) Non-Exclusive Licences -
4. Security Interests -
5. Options and Rights of Pre-emption -
6. Right to Receive Royalties -
7. Summary -
Final Remarks -
Bibliography -
Index.
"An abstract is a short description of your longer piece of work and is used as a free layer of content discoverable online. An abstract should not attempt to summarise the whole work as it is also there to show readers whether or not reading further is warranted. It is used to allow people searching on the internet to see that they have encountered a worthwhile 'hit'. This will encourage them to read further by clicking through to the work in full"--
9780192864420
2025935311
346.0482 / MYS
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