Limiting Copyright Through Property

Abstract

In recent years, copyright has become more like property. Copyright has expanded to take on property-like powers that are broad and last essentially forever. In addition, industry leaders, courts, and scholars discuss copyright in terms of strong property rights.

In this chapter, I show how limits are central to property. I also explain why it is appropriate to limit a propertized copyright. And I offer some examples of copyright limits.

Despite all discussion and assumptions to the contrary, propertization provides the tools not for absolute rights, but for limits on the rights provided by copyright.

Keywords: copyright, property, propertization, rights

JEL Classification: K11,K19,O31,O33,O34