cover image: Sui generis rights on folklore viewed from a property rights perspective

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Sui generis rights on folklore viewed from a property rights perspective

29 Jun 2011

History teaches that a more promising formula is to attribute the right to decide what shall be done with the newly scarce resource to a single person or group, to the exclusion of others, and to attach to it the right to trade it to someone else: property rights in the broadest (economic) sense. [...] This development is known by the name of a scenario described by Hardin: the tragedy of the commons.8 B. Conditions and effects of property rights 3. PROPERTY RIGHTS REQUIRE A MINIMUM OF EXCLUSIVITY TO WORK Property rights are viable only in as much as use of the scarce object can effectively be reserved to the person or group designated as owners. [...] The cost of the fencing technique is part of the cost of using the property. [...] The possibility of transfer allows non-owners, as it were, to look over the shoulder of the current owner to see if they can imagine a more profitable use and if so, propose to buy the object from the latter. [...] New discoveries in science are glimpsed “by standing on the shoulders of giants.”20 In technology, the cumulative effect is evident in the concern to make systems interoperable and compatible, in the quest for shared standards,21 and in the 20.
government politics economics science and technology civil law copyright copyright infringement ethics folklore intellectual property intellectual property rights law philosophy property telephone traditional knowledge patent monopoly ip licence values society license the tragedy of the commons infringing copyright holder propriété intellectuelle

Authors

MacKaay, Ejan

Pages
28
Published in
Canada

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