Property Rights Without Transfer Rights: A Study of Indian Land Allotment

2020 ◽  
Author(s):  
Christian Dippel ◽  
Dustin Frye
Keyword(s):  
2018 ◽  
Vol 77 (3) ◽  
pp. 536-558 ◽  
Author(s):  
Jessica Litman

AbstractFor all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended to treat this point superficially, because – as lawyers – we take for granted that copyrights are property; property rights are freely alienable; and the grantee of a property right stands in the shoes of the original holder. I compare the 1710 Statute of Anne, which created statutory copyrights and consolidated them in the hands of publishers and printers, with the 1887 Dawes Act, which served a crucial function in the American divestment of Indian land. I draw from the stories of the two laws the same moral: Constituting something as a freely alienable property right will almost always lead to results mirroring or exacerbating disparities in wealth and bargaining power. The legal dogma surrounding property rights makes it easy for us not to notice.


2020 ◽  
Author(s):  
Christian Dippel ◽  
Dustin Frye ◽  
Bryan Leonard
Keyword(s):  

2020 ◽  
Author(s):  
Colin Harris ◽  
Meina Cai ◽  
Ilia Murtazashvili ◽  
Jennifer Murtazashvili
Keyword(s):  

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced


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