ABANDONMENT, COPYRIGHT AND ORPHANED WORKS: WHAT DOES IT MEAN TO TAKE THE PROPRIETARY NATURE OF INTELLECTUAL PROPERTY RIGHTS SERIOUSLY?

For many years there was doubt as to whether personal property could be abandoned. In more recent times, however, the existence of a doctrine of abandonment has been solidifying in relation to chattels. In this article the authors suggest that copyright works can also be abandoned. This conclusion h...

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Main Authors: Hudson, E, Burrell, R
Format: Journal article
Language:English
Published: 2011
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author Hudson, E
Burrell, R
author_facet Hudson, E
Burrell, R
author_sort Hudson, E
collection OXFORD
description For many years there was doubt as to whether personal property could be abandoned. In more recent times, however, the existence of a doctrine of abandonment has been solidifying in relation to chattels. In this article the authors suggest that copyright works can also be abandoned. This conclusion has significant implications for cultural institutions and other users struggling to deal with so-called 'orphaned works'. More generally, the authors suggest that recognising that abandonment of copyright is possible has repercussions for how we think about intellectual property rights and, in particular, should cause us to look more closely at other doctrines within the law of personal property that might limit intellectual property's reach.
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spelling oxford-uuid:5521a91d-971c-46be-89c6-4213a84336c32022-03-26T16:42:07ZABANDONMENT, COPYRIGHT AND ORPHANED WORKS: WHAT DOES IT MEAN TO TAKE THE PROPRIETARY NATURE OF INTELLECTUAL PROPERTY RIGHTS SERIOUSLY?Journal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:5521a91d-971c-46be-89c6-4213a84336c3EnglishSymplectic Elements at Oxford2011Hudson, EBurrell, RFor many years there was doubt as to whether personal property could be abandoned. In more recent times, however, the existence of a doctrine of abandonment has been solidifying in relation to chattels. In this article the authors suggest that copyright works can also be abandoned. This conclusion has significant implications for cultural institutions and other users struggling to deal with so-called 'orphaned works'. More generally, the authors suggest that recognising that abandonment of copyright is possible has repercussions for how we think about intellectual property rights and, in particular, should cause us to look more closely at other doctrines within the law of personal property that might limit intellectual property's reach.
spellingShingle Hudson, E
Burrell, R
ABANDONMENT, COPYRIGHT AND ORPHANED WORKS: WHAT DOES IT MEAN TO TAKE THE PROPRIETARY NATURE OF INTELLECTUAL PROPERTY RIGHTS SERIOUSLY?
title ABANDONMENT, COPYRIGHT AND ORPHANED WORKS: WHAT DOES IT MEAN TO TAKE THE PROPRIETARY NATURE OF INTELLECTUAL PROPERTY RIGHTS SERIOUSLY?
title_full ABANDONMENT, COPYRIGHT AND ORPHANED WORKS: WHAT DOES IT MEAN TO TAKE THE PROPRIETARY NATURE OF INTELLECTUAL PROPERTY RIGHTS SERIOUSLY?
title_fullStr ABANDONMENT, COPYRIGHT AND ORPHANED WORKS: WHAT DOES IT MEAN TO TAKE THE PROPRIETARY NATURE OF INTELLECTUAL PROPERTY RIGHTS SERIOUSLY?
title_full_unstemmed ABANDONMENT, COPYRIGHT AND ORPHANED WORKS: WHAT DOES IT MEAN TO TAKE THE PROPRIETARY NATURE OF INTELLECTUAL PROPERTY RIGHTS SERIOUSLY?
title_short ABANDONMENT, COPYRIGHT AND ORPHANED WORKS: WHAT DOES IT MEAN TO TAKE THE PROPRIETARY NATURE OF INTELLECTUAL PROPERTY RIGHTS SERIOUSLY?
title_sort abandonment copyright and orphaned works what does it mean to take the proprietary nature of intellectual property rights seriously
work_keys_str_mv AT hudsone abandonmentcopyrightandorphanedworkswhatdoesitmeantotaketheproprietarynatureofintellectualpropertyrightsseriously
AT burrellr abandonmentcopyrightandorphanedworkswhatdoesitmeantotaketheproprietarynatureofintellectualpropertyrightsseriously