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Copyright laws throughout the world are copyright holder centric and present a very fragmented source to comprehend the rights of users, and in particular of consumers owning copies of copyrighted works. Although in recent years, a growing number of commentators have worked towards defining the place of users in copyright law, little attention has been devoted to the nature and justifications of copy ownership of copyrighted works. This paper applies property and copyright theory to define and justify the existence of copy ownership of copyrighted works. It seeks to carve out in clearer terms the place of copy ownership legally and normatively, to offer a counterbalance to a predominant copyright holder centric approach to copyright law. Part One of this paper lays the theoretical framework of property and copyright theory. Part Two applies the theoretical framework to define the nature of the copy of a copyrighted works as well as its justifications. It explores the ramifications of copyright acting as a property-limitation rule to copy ownership, and how copy ownership can also act as a property-limitation rule of copyright.
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Copyright laws throughout the world are copyright holder centric and present a very fragmented source to comprehend the rights of users, and in particular of consumers owning copies of copyrighted works. Although in recent years, a growing number of commentators have worked towards defining the place of users in copyright law, little attention has been devoted to the nature and justifications of copy ownership of copyrighted works. This paper applies property and copyright theory to define and justify the existence of copy ownership of copyrighted works. It seeks to carve out in clearer terms the place of copy ownership legally and normatively, to offer a counterbalance to a predominant copyright holder centric approach to copyright law. Part One of this paper lays the theoretical framework of property and copyright theory. Part Two applies the theoretical framework to define the nature of the copy of a copyrighted works, as well as its justifications. It explores the ramifications of copyright acting as a property limitation rule to copy ownership, and how copy ownership can also act as a property-limitation rule of copyright. [PUBLICATION ABSTRACT]
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THE issue of retroactive application of the ‘New York Convention of 1958 on the recognition and enforcement of arbitral awards'’1 has already been raised in a number of cases and articles. While the latter tend to agree that the Convention was meant to apply retroactively2 the former show somewhat less homogeneity on that question.3 Nevertheless, this issue remains very much alive with respect to the ever increasing number of states acceding to the Convention. In the last five years, 50 new states have become parties to the Convention, raising the total number to 83 member states.4The Convention contains no explicit reference to its retroactive application nor is its history conclusive on this issue.5 Some implementing statutes of the Convention deal expressly with its temporal application. Indeed, at least five of them state expressly a date from which the Convention is applicable.6 On the other hand, at least two others state expressly that the Convention applies without any restriction in time.7
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