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.

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