The Making of Property Rights in Creative Works
This book has shown the manner in which the law constructs copyright as a property right within the conception of property rights in general. The proprietary nature of copyright entails important social, economic and political concerns which have been discussed in the last three chapters. The ﬁrst three chapters have dealt with the proprietary features of copyright, the inherent limitations of its powers, and its justiﬁcation and relationship to the non-proprietary realm of the public domain. The actual ‘making’ and legal structure of property rights in general and copyright in particular is the starting point. It has been demonstrated that copyright is a main example of dematerialised property, that is, the law normatively creates any res or thing, whether or not directly represented by a corporeal reiﬁer in the material world (e.g. an apple, a car), as an abstract legal notion through enforceable real rights in it.1 There is conceptually no ‘property’ without property rights (real rights) and it is conceptually unimportant whether or not that ‘property’ or, more precisely, that res, is represented by a physical object in the material world; the physical object represents the abstract legal concept of res, but does not constitute it. An apple is not the res in law, but merely one instance of its social reiﬁer, and therefore it does not matter conceptually whether the res has any physical representation or not. A work of copyright is protected and thereby created by the real rights of copyright, speciﬁed by...
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