Topic
Restraint on alienation
About: Restraint on alienation is a research topic. Over the lifetime, 46 publications have been published within this topic receiving 360 citations.
Papers
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TL;DR: In this paper, the authors show how limits are central to property, and explain why it is appropriate to limit a propertized copyright, and offer some examples of copyright limits.
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.