APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS
The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property) and common forms (i.e. public property). The common law property defines appropriation as „a deliberate act of acquisition of something...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2015-07-01
|
| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS+2015_intellectual_property_law_art.082.pdf |
| _version_ | 1818233633249427456 |
|---|---|
| author | Cornelia DUMITRU |
| author_facet | Cornelia DUMITRU |
| author_sort | Cornelia DUMITRU |
| collection | DOAJ |
| description | The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property) and common forms (i.e. public property). The common law property defines appropriation as „a deliberate act of acquisition of something, often without the permission of the owner”, but the intellectual property rights do not protect goods. Particularly in this case „the object” of appropriation does not represent a „res nullius” simply because the intellectual property right arises from the act of creation, therefore the appropriation of somebody else’s creation becomes equivalent with stealing (plagiarism). Consequently, if we are to admit that the authors have a right of ownership over them, then ownership in intellectual property law has (it must have) other manifestations than those known and accepted in the common law of property. |
| first_indexed | 2024-12-12T11:25:17Z |
| format | Article |
| id | doaj.art-8d834b34121340959a69df782f5bf368 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 2068-7796 |
| language | English |
| last_indexed | 2024-12-12T11:25:17Z |
| publishDate | 2015-07-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-8d834b34121340959a69df782f5bf3682022-12-22T00:25:55ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962015-07-0151566573APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTSCornelia DUMITRU0PhD Candidate, “Nicolae Titulescu” University, Bucharest (e-mail: cornelia_dumitru1973@yahoo.com).The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property) and common forms (i.e. public property). The common law property defines appropriation as „a deliberate act of acquisition of something, often without the permission of the owner”, but the intellectual property rights do not protect goods. Particularly in this case „the object” of appropriation does not represent a „res nullius” simply because the intellectual property right arises from the act of creation, therefore the appropriation of somebody else’s creation becomes equivalent with stealing (plagiarism). Consequently, if we are to admit that the authors have a right of ownership over them, then ownership in intellectual property law has (it must have) other manifestations than those known and accepted in the common law of property.http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS+2015_intellectual_property_law_art.082.pdfappropriationgoodsintellectual rightspropertyauthors. |
| spellingShingle | Cornelia DUMITRU APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS Challenges of the Knowledge Society appropriation goods intellectual rights property authors. |
| title | APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS |
| title_full | APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS |
| title_fullStr | APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS |
| title_full_unstemmed | APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS |
| title_short | APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS |
| title_sort | appropriating creative works protected by intellectual property rights |
| topic | appropriation goods intellectual rights property authors. |
| url | http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS+2015_intellectual_property_law_art.082.pdf |
| work_keys_str_mv | AT corneliadumitru appropriatingcreativeworksprotectedbyintellectualpropertyrights |