- The individual landowner's right to exclude is "one of the most essential sticks in the bundle of rights that are commonly characterized as property."
- The exclusive right and use of property is limited.
- Can't infringe on others' rights
- The right to exclude is not absolute.
- The rule of transformation
- If someone transforms something into an idea for something that helps society, they get property rights to that.
- Progression for property rights
- Idea of Capture
Probable Capture Actual Capture How to:
- Rejected almost everywhere—not enough
- Dominion and Control
- Move past idea to make it clear with absolute certainty
Forms of Intellectual Property
- Media transformed into a recognizable medium
- Protects consumers' surety that it is what it says
- Trade Secrets
Ideas are not protected until transformed into a protected form.
IP is transformed when it is more about what the person added than about the original.
Value is just added; it doesn't harm the original.
IP Protected when:
- Good for business
- Good for society
Celebrities must have the right of publicity balanced against the 1st Amendment.
- Unintentionally parting with property
- Right to possess given to the finder
- Intentionally putting an item somewhere, yet forgetting where
- Bailed to the locus owner so the true owner can find it
- When one leaves an item and does not have intention to reclaim it
- Actually belongs to the finder
- Treasure Trove
- Intentionally placed, but so old it's determined to be abandoned
Possession of property is sufficient title to give ownership.
Oldest possessor has the greatest ownership interest.
A new possessor will mature into the possessor of the property through first-in-time.