Sunday, February 26, 2012
Property, contract, and copyright
Chris Newman's excellent A License is Not a 'Contract Not to Sue': Disentangling Property and Contract in the Law of Copyright Licenses takes contract and property theory very seriously as applied to copyright. I particularly like his emphasis on the deed-like functions of written transfers; a properly executed deed requires no consideration to be effective (and irrevocable, unless a power to revoke is reserved) with real property, and neither, he suggests, should a properly executed written copyright license, whether exclusive or not.
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