Limiting Copyright Through Property

Forthcoming in Concepts of Property in Intellectual Property (Cambridge 2013)

17 Pages Posted: 25 Feb 2013

Date Written: June 24, 2012


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

Suggested Citation

Carrier, Michael A., Limiting Copyright Through Property (June 24, 2012). Forthcoming in Concepts of Property in Intellectual Property (Cambridge 2013), Available at SSRN:

Michael A. Carrier (Contact Author)

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
856-225-6380 (Phone)
856-225-6516 (Fax)

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