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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