Abstract

http://ssrn.com/abstract=1632580
 


 



Secondary Markets for Copyrighted Works and the ‘Ownership Divide’: Reconciling Competing Intellectual and Personal Property Rights


Wendy A. Adams


McGill University - Faculty of Law

June 29, 2010

Canada Business Law Journal, Vol. 37, p. 321, 2002

Abstract:     
The weight of precedent supports restricting the ability of copyright holders to control post-purchase modification and resale in secondary markets. To find infringement in the absence of copying disrupts clear and intentional legislative distinction between economic and moral rights. The economic rights conferred by intellectual property law do not affect the purchaser’s personal property rights to deal with the transferred tangible good, provided that any subsequent modification deals only with the tangible good and does not multiply the occurrences of the protected work. Precedent alone, however, is not a complete answer to novel legal questions. Consideration of underlying first principles upon which doctrinal rules are based is also required. From this perspective, the freedom to operate in secondary markets is consistent with the normative basis of copyright law: (a) copyright is a balance between the necessary incentives to create and the public interest in the encouragement and dissemination of works; and (b) in achieving the appropriate balance between these two goals, over-compensation is as much a cause for concern as undercompensation, lest the rights of copyright holders expand to the detriment of the public interest.

Number of Pages in PDF File: 36

Keywords: intellectual property, copyright, secondary markets, resale, modification, personal property

Accepted Paper Series


Download This Paper

Date posted: July 1, 2010  

Suggested Citation

Adams, Wendy A., Secondary Markets for Copyrighted Works and the ‘Ownership Divide’: Reconciling Competing Intellectual and Personal Property Rights (June 29, 2010). Canada Business Law Journal, Vol. 37, p. 321, 2002 . Available at SSRN: http://ssrn.com/abstract=1632580

Contact Information

Wendy Ann Adams (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
Feedback to SSRN


Paper statistics
Abstract Views: 195
Downloads: 21

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.469 seconds