DOCSLIB.ORG

From Property Right to Copyright: a Conceptual Approach and Justifications for the Emergence of Open Access

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
From Property Right to Copyright: a Conceptual Approach and Justifications for the Emergence of Open Access From Property Right to Copyright: A Conceptual Approach and Justifications for the Emergence of Open Access Nikos Koutras* Abstract vate property that lead to evolution, production and personal growth. Additionally, the concept of property This article relies on the premise that to understand the sig- has evolved from Plato’s joint ownership theory to full nificance of Open Access Repositories (OARs) it is necessary liberal ownership theory and moved in the direction set to know the context of the debate. Therefore, it is necessary by Aristotle. The concept of private property has been to trace the historical development of the concept of copy- considered similarly by following philosophers with right as a property right. The continued relevance of the Aristotle’s conception. rationales for copyright interests, both philosophical and However, Plato’s ideas about the concept of property for pragmatic, will be assessed against the contemporary times communal use is a more desirable model, which can jus- of digital publishing. It follows then discussion about the rise tify the philosophy of OA. The origins of the notion of of Open Access (OA) practice and its impact on convention- property lie in his philosophy; in accordance with his al publishing methods. The present article argues about the ideas, the concept of property was introduced as joint proper equilibrium between self-interest and social good. In ownership in terms of social justice and, moreover, as a other words, there is a need to find a tool in order to bal- beneficial tool to support the growth of the whole ance individuals’ interests and common will. Therefore, republic – the ideal republic. He argues that there there is examination of the concept of property that interre- should not be private property and that, therefore, lates justice (Plato), private ownership (Aristotle), labour property under the ‘umbrella’ of joint ownership forms (Locke), growth of personality (Hegel) and a bundle of the appropriate factor for peace and justice. Aristotle, 139 rights that constitute legal relations (Hohfeld). This exami- although a student of Plato, focuses on a more individu- nation sets the context for the argument. alistic aspect; he contends that private property is more effective and will lead to improvement. It is obvious that he denies his teacher’s (Plato’s) rationale about joint 1 Introduction ownership by signalising that such extreme unification is against the diversity of personal identity and against This article relies on the premise that to understand the the benefit that everyone gathers through market significance of Open Access Repositories (OARs) it is exchange. necessary to know the context of the debate. Therefore, This leads to a discussion of Locke’s philosophy, as he it is necessary to trace the historical development of the extends the concept of private property ownership by concept of copyright as a property right. The continued combining it with work. Locke claims that whatever relevance of the rationales for copyright interests, both work is produced by an individual becomes his/her philosophical and pragmatic, will be assessed against the property. This idea justifies the connection of owner- contemporary times of digital publishing, followed by a ship and creation. Specifically, in his work titled Second 1 discussion about the rise of Open Access (OA) practice Treatise on Government, Locke proposes an explanation and its impact on conventional publishing methods. of the right by which an individual can claim to own one The present article argues that there is a proper equili- part of the world when, according to the Bible, God brium between self-interest and social good. There is gave the world to human beings in common. Locke thus a need to find a tool that balances individuals’ argues that individuals own themselves and thus their interests and the common will. This requires an exami- own labour. At this point, the connection between Aris- nation of the concept of property that interrelates justice totle’s and Locke’s logic is evident. Locke and Aristotle (Plato), private ownership (Aristotle), labour (Locke) agree that private property is one of numerous intrica- and growth of personality (Hegel). This examination cies. However, Locke contends that there is a more indi- sets the context for the argument. In the literature the vidualistic rationale for property ownership than does core notion of property (i.e. as a concept and its subject Aristotle. matter) is seen to stem from Aristotle’s ideas about pri- * Nikos Koutras, Postdoctoral Researcher, Faculty of Law, University of 1. J. Locke, Second Treatise of Government and a Letter Concerning Tol- Antwerp. eration (Oxford University Press, 2016). Nikos Koutras doi: 10.5553/ELR.000127 - ELR November 2019 | No. 2 Further on, according to Hegel’s views, the concept of ownership and the input of labour in order to possess property is used to comprehend it as a phase in the actual property. development of human kind and the growth of individ- ual personality; thus, he extends the appropriate envi- ronment or surroundings of private property following 2 Conceptual Framework of Aristotle’s and Locke’s logic or reasoning. This chrono- logical order provides an effective flow of thought that Property enables me to propose justifications for the emergence of OA as additional support to current copyright 2.1 Plato’s Notions of Property regimes. Plato’s ideas about property were related to his ideas From Aristotle’s philosophy to modern times there are about family, society and the republic. They also con- differences regarding traits of property and its owner- tain the origins of notions of patents. His ideas are ship, as, one by one, philosophers added new features to explained below. In the period around 500 B.C. in their theories. Plato’s argumentation about joint owner- Ancient Greece, some form of patent rights was recog- ship was neglected. However, Plato’s philosophy on nised. For example, in the Greek city of Sybaris, patents property enables us to draw on his notions about com- were granted for the creation of unique culinary dishes.3 munal property or joint ownership and its significance Encouragement was provided to those who introduced within OA. The argument of this article is based on refinements in luxury; profits accruing from such Plato’s logic, partly because later philosophers also endeavours were secured to the inventor by a patent for implicitly support his ideas regarding communal use of the period of one year.4 This kind of protection for one property, as they highlight several unique aspects of year illustrates that creative endeavours were encour- 2 community as a whole. aged in a manner that protected the whole market from The OA practice supports wider distribution of infor- monopolies. At the same time, one or more persons mation resources. Therefore, when information and could enjoy an economic advantage in relation to their communication technologies are undergoing a ‘revolu- creative efforts. In this context, Plato’s ideas are useful tion’, it is imperative to go back to Plato’s concept and to describe an ideal republic in which only philosophers argue that OA determines an instrument with benefits ought to keep private property in terms of justice.5 For towards wide dissemination of information resources. the rest, he suggests that there should be joint owner- Hence, there is a need to connect the emergence of ship.6 The shape of Plato’s ideal republic requires jus- copyright protection with developments in the concept 7 140 tice as its main purpose. of property. The same connections can justify the devel- Plato contends that owning private property leads to opment of OA in contemporary times, as, for instance, greed and lust. He claims that children should be taken balancing individual rights with the social good. The from their biological parents and redistributed by the last part discusses OA in terms of an appropriate shift of state to other parents; that is how he supports his argu- existing copyright protection in the digital age, which ments concerning private property and the right to leads to distribution of information and information ‘own’ a child.8 In other words, Plato does not believe in accessibility. Also considered here is the question of private property as such; he believes that, eventually, no whether open access could be an efficient way of one should own anything, except for the philosophers.9 enhancing the relationship between individuals’ inter- Therefore, some scholars call Plato a proto-socialist or a ests and the common will. proto-communist. In response, it can be said that this In the following section, the first subsection deals with view of property was applied by Plato only to the guard- the conceptualisation of property based on Plato’s and ian class and the auxiliaries for the purpose of focusing Aristotle’s views about property. This discussion traces their attention on the ever-important matter of the state. the transition from public or communal property (Pla- It should not overshadow the fact that this was the first to’s perspective) to the understanding of property as an time that someone initiated a discussion about the individual ownership right and the change in the under- standing of private property that encourages personal 3. A. Rich, A Dictionary of Roman and Greek Antiquities (Nabu Press, developments (Aristotle’s perspective). This helps to 2010). associate basic elements in the ideas of previous philoso- 4. W. Smith, A Concise Dictionary of Greek and Roman Antiquities (Nabu phers with the views of modern philosophers concern- Press, 2010). 5. C.H. Kahn, Plato and the Socratic Dialogue: The Philosophical Use of a ing the concept of property. The argument advances Literary Form (Cambridge University Press, 1998). further in part two with a discussion that relies on mod- 6.
Load more

Recommended publications
  • A Bundle of Rights
    A BUNDLE OF RIGHTS 17 U.S.C. § 106 (2004) Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. __________ A. THE DISTRIBUTION RIGHT 17 U.S.C. § 109 (2004) (a) Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. Notwithstanding the preceding sentence, copies or phonorecords of works subject to restored copyright under section 104A that are manufactured before the date of restoration
    [Show full text]
  • Circular 1 Copyright Basics
    CIRCULAR 1 Copyright Basics Copyright is a form of protection Copyright is a form of protection provided by the laws of the provided by U.S. law to authors of United States to the authors of “original works of authorship” that are fixed in a tangible form of expression. An original “original works of authorship” from work of authorship is a work that is independently created by the time the works are created in a a human author and possesses at least some minimal degree of creativity. A work is “fixed” when it is captured (either fixed form. This circular provides an by or under the authority of an author) in a sufficiently overview of basic facts about copyright permanent medium such that the work can be perceived, and copyright registration with the reproduced, or communicated for more than a short time. Copyright protection in the United States exists automatically U.S. Copyright Office. It covers from the moment the original work of authorship is fixed.1 • Works eligible for protection • Rights of copyright owners What Works Are Protected? • Who can claim copyright • Duration of copyright Examples of copyrightable works include • Literary works • Musical works, including any accompanying words • Dramatic works, including any accompanying music • Pantomimes and choreographic works • Pictorial, graphic, and sculptural works • Motion pictures and other audiovisual works • Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds • Architectural works These categories should be viewed broadly for the purpose of registering your work. For example, computer programs and certain “compilations” can be registered as “literary works”; maps and technical drawings can be registered as “pictorial, graphic, and sculptural works.” w copyright.gov note: Before 1978, federal copyright was generally secured by publishing a work with an appro- priate copyright notice.
    [Show full text]
  • Standing with a Bundle of Sticks: the All Substantial Rights Doctrine in Action
    Fordham Intellectual Property, Media and Entertainment Law Journal Volume 28 XXVIII Number 3 Article 1 2018 Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action Mark J. Abate Goodwin Procter LLP, [email protected] Christopher J. Morten Goodwin Procter LLP, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Mark J. Abate and Christopher J. Morten, Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action, 28 Fordham Intell. Prop. Media & Ent. L.J. 477 (2018). Available at: https://ir.lawnet.fordham.edu/iplj/vol28/iss3/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action Cover Page Footnote *Mark Abate, a Partner at Goodwin Procter LLP, concentrates his practice on trials and appeals of patent infringement cases, and has particular expertise in matters involving electronics, computers, software, financial systems, and electrical, mechanical, and medical devices. He has tried cases to successful conclusions in U.S. district courts and the U.S. International Trade Commission and has argued appeals before the U.S. Court of Appeals for the Federal Circuit. He is the former President of both the New York Intellectual Property Law Association and the New Jersey Intellectual Property Law Association, and is a board member of the Federal Circuit Historical Society.
    [Show full text]
  • Licensing of IP Rights and Competition Law – Note by the United States
    Organisation for Economic Co-operation and Development DAF/COMP/WD(2019)58 Unclassified English - Or. English 6 June 2019 DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Licensing of IP rights and competition law – Note by the United States 6 June 2019 This document reproduces a written contribution from the United States submitted for Item 6 of the 131st OECD Competition committee meeting on 5-7 June 2019. More documents related to this discussion can be found at http://www.oecd.org/daf/competition/licensing-of-ip-rights-and-competition-law.htm Please contact Mr. Antonio Capobianco if you have any questions about this document [E-mail: [email protected]] JT03448523 This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. 2 │ DAF/COMP/WD(2019)58 United States 1. Introduction 1. This paper outlines how the United States approaches IP licensing generally.1 The paper first lays some groundwork by explaining the complementary nature of the U.S. intellectual property (IP) law and U.S. antitrust law. It then describes the analytical framework the U.S. Department of Justice (DOJ) and the U.S. Federal Trade Commission (FTC) (collectively “the Agencies”) apply to analyzing the licensing of patents, copyrights, and trade secrets.2 The paper then provides some examples applying this framework to the analysis of common licensing restraints and arrangements. 2. Background on the Relationship Between U.S.
    [Show full text]
  • Basic Facts About Trademarks United States Patent and Trademark O Ce
    Protecting Your Trademark ENHANCING YOUR RIGHTS THROUGH FEDERAL REGISTRATION Basic Facts About Trademarks United States Patent and Trademark O ce Published on February 2020 Our website resources For general information and links to Frequently trademark Asked Questions, processing timelines, the Trademark NEW [2] basics Manual of Examining Procedure (TMEP) , and FILERS the Acceptable Identification of Goods and Services Manual (ID Manual)[3]. Protecting Your Trademark Trademark Information Network (TMIN) Videos[4] Enhancing Your Rights Through Federal Registration Tools TESS Search pending and registered marks using the Trademark Electronic Search System (TESS)[5]. File applications and other documents online using the TEAS Trademark Electronic Application System (TEAS)[6]. Check the status of an application and view and TSDR download application and registration records using Trademark Status and Document Retrieval (TSDR)[7]. Transfer (assign) ownership of a mark to another ASSIGNMENTS entity or change the owner name and search the Assignments database[8]. Visit the Trademark Trial and Appeal Board (TTAB)[9] TTAB online. United States Patent and Trademark Office An Agency of the United States Department of Commerce UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS CONTENTS MEET THE USPTO ������������������������������������������������������������������������������������������������������������������������������������������������������������������ 1 TRADEMARK, COPYRIGHT, OR PATENT ��������������������������������������������������������������������������������������������������������������������������
    [Show full text]
  • Infringement of the Exclusive Right to Prepare Dreivative Works: Reducing Uncertainty Michael Wurzer
    University of Minnesota Law School Scholarship Repository Minnesota Law Review 1989 Infringement of the Exclusive Right to Prepare Dreivative Works: Reducing Uncertainty Michael Wurzer Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Wurzer, Michael, "Infringement of the Exclusive Right to Prepare Dreivative Works: Reducing Uncertainty" (1989). Minnesota Law Review. 1958. https://scholarship.law.umn.edu/mlr/1958 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Infringement of the Exclusive Right to Prepare Derivative Works: Reducing Uncertainty The Copyright Act of 1976 grants to all copyright holders an exclusive right to prepare derivative works.1 Some courts require that a derivative work prepared by a person other than the copyright holder be "substantially similar" to the preexist- ing work in order to find infringement of the copyright holder's right.2 The "substantial similarity" requirement does not serve the purposes of copyright law because it is too vague and pro- vides copyright owners no predictability regarding the scope of protection,3 especially in cases involving computer software. Courts therefore need to reevaluate the use of the substantial 1. The relevant portion of the exclusive rights section of the Copyright Act of 1976 states: "Subject to sections 107 through 118, the owner of copyright under this ti- tle has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare de- rivative works based upon the copyrighted work; ...." Copyright Act of 1976, Pub.
    [Show full text]
  • Intellectual Property Law Overview
    Canada: Intellectual Property Law Overview Stikeman Elliott LLP Canada: Intellectual Property Law Overview Patent Law .......................................................................................................................... 2 General .......................................................................................................................... 2 Term of Patent and Damages on Infringement ............................................................. 2 What Makes an Invention Patentable? .......................................................................... 2 Drug Patents .................................................................................................................. 3 Trademarks ......................................................................................................................... 4 General .......................................................................................................................... 4 Requirements ................................................................................................................. 4 Registration and Invalidation ......................................................................................... 5 Infringement ................................................................................................................... 6 Copyright ............................................................................................................................. 6 General .........................................................................................................................
    [Show full text]
  • Guidelines for Completing Exclusive Right to Sell Listing Agreement
    GUIDELINES FOR COMPLETING THE EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (Form No. 101) INTRODUCTION: These guidelines are provided to assist an agent who is completing the Exclusive Right to Sell Listing Agreement (standard form 101) on behalf of the firm with which the agent is affiliated. The rules of the North Carolina Real Estate Commission require agreements for brokerage services in real estate transactions to be in writing, among other things. These guidelines include general comments about completion of the form as well as suggestions and explanations regarding several provisions with which agents sometimes have difficulty. However, situations will frequently arise that are not covered by these guidelines. Agents should always remember that the firm’s broker-in-charge should be consulted if there is uncertainty regarding the proper completion of the form. USE OF FORM: The form is produced by the North Carolina Association of REALTORS® for use by its members, only as printed. The form was developed for use by firms wishing to establish exclusive agency relationships with sellers who are interested in selling residential real property. GENERAL INSTRUCTIONS: 1. Type this form if possible; otherwise print or write legibly in ink. 2. Fill in all blank spaces. If any space is not used, enter “N/A” or “None” as appropriate. 3. Be precise. Avoid the use of abbreviations, acronyms, jargon, and other terminology that may not be clearly understood. 4. Every change, addition or deletion to the agreement must be initialed and should be dated by both buyer and agent. 5. Both buyer and agent should initial those pages where indicated at the bottom in the spaces provided.
    [Show full text]
  • Introduction to Trademark Law and Practice
    WORLD INTELLECTUAL PROPERTY ORGANIZATION INTRODUCTION TO TRADEMARK LAW & PRACTICE THE BASIC CONCEPTS A WIPO TRAINING MANUAL GENEVA 1993 (Second Edition) ( ( WIPO PUBLICATION No 653 (El ISBN 92-805-0167-4 WIPO 1993 PREFACE The present publication is the second edition of a volume of the same title that was published by the World Intellectual Property Organization (WIPO) in 1987 and reprinted in 1990. The first edition was written by Mr. Douglas Myall, former Assistant Registrar of Trade Marks, United Kingdom. The present revised edition of the publication has been prepared by Mr. Gerd Kunze, Vevey, Switzerland, and reflects his extensive expertise and experience in the administration of the trademark operations of a large international corporation, Nestle S. A., as well as his intensive involvement, as a leading representative of several international non-governmental organizations, in international meetings convened by WIPO. This publication is intended to provide a practical introduction to trademark administration for those with little or no experience of the subject but who may have to deal with it in an official or business capacity. Throughout the text, the reader is invited to answer questions relating to the text. Those questions are numbered to correspond to the answers that are given, with a short commentary, in Appendix I. Arpad Bogsch Director General World Intellectual Property Organization February 1993 ( ( LIST OF CONTENTS CHAPTER 1. TRADEMARKS AND OTHER SIGNS: A GENERAL SURVEY 7 1.1 Use of trademarks in commerce . 9 1.2 What is a trademark?. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9 1.3 Need for legal protection .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10 1.4 How can a trademark be protected? .
    [Show full text]
  • EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT SELLER AGENCY TRANSACTION-BROKERAGE Date
    The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (LC50-6-19) (Mandatory 1-20) DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER AGENCY OR TRANSACTION-BROKERAGE. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT SELLER AGENCY TRANSACTION-BROKERAGE Date: 1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract (Seller Listing Contract) and agree to its provisions. Broker, on behalf of Brokerage Firm, agrees to provide brokerage services to Seller. Seller agrees to pay Brokerage Firm as set forth in this Seller Listing Contract. 2. BROKER AND BROKERAGE FIRM. 2.1. Multiple-Person Firm. If this box is checked, Broker (as defined below) is the individual designated by Brokerage Firm to serve as the broker of Seller and to perform the services for Seller required by this Seller Listing Contract. If more than one individual is so designated, then references in this Seller Listing Contract to Broker include all persons so designated, including substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated. 2.2. One-Person Firm. If this box is checked, Broker (as defined below) is a brokerage firm with only one licensed. References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed person and brokerage firm who shall serve as the Broker of Seller and perform the services for Seller required by this Seller Listing Contract.
    [Show full text]
  • EXCLUSIVE RIGHT to REPRESENT OWNER for SALE OR LEASE of REAL PROPERTY (Non-Residential)
    EXCLUSIVE RIGHT TO REPRESENT OWNER FOR SALE OR LEASE OF REAL PROPERTY (Non-Residential) 1. BASIC PROVISIONS ("BASIC PROVISIONS"). 1.1 Parties: This agency Agreement ("Agreement"), dated for reference purposes only , is made by and between , whose address is , telephone number , Fax No. , ("Owner"), and , whose address is , telephone number , Fax No. , ("Agent"). 1.2 Property/Premises: The real property, or a portion thereof, which is the subject of this Agreement is commonly known by the street address of , located in the City of , County of , State of , and generally described as (describe briefly the nature of the property): ("Property"). (See also Paragraph 3). 1.3 Term of Agreement: The term of this Agreement shall commence on and expire at 5:00 p.m. on , except as it may be extended ("Term"). (See also paragraph 4) 1.4 Transaction: The nature of the transaction concerning the Property for which Agent is employed ("Transaction") is (check the appropriate box(es)): (a) A sale for the following sale price and terms: and other additional standard terms reasonably similar to those contained in the "STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR THE PURCHASE OF REAL ESTATE" published by the AIR Commercial Real Estate Association ("AIR"), or for such other price and terms agreeable to Owner; (b) A lease or other tenancy for the following rent and terms: and other additional standard terms reasonably similar to those contained in the appropriate AIR lease form or for such other rent and terms agreeable to Owner. 2. EXCLUSIVE EMPLOYMENT AND RIGHTS. 2.1 Owner hereby employs Agent as Owner's sole and exclusive agent to represent Owner in the Transaction and to find buyers or lessees/tenants ("lessees"), as the case may be, for the Property.
    [Show full text]
  • EXCLUSIVE RIGHT to SELL LISTING AGREEMENT [Consult “Guidelines” (Form 101G) for Guidance in Completing This Form]
    Draft 03-09-2020 EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT [Consult “Guidelines” (Form 101G) for guidance in completing this form] This EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (“Agreement”) is entered into between _______________________________________________________________________________as Seller(s) (“Seller”) of the property described below (the “Property”), and _______________________________________________________as Listing Firm (“Firm”). The individual agent who signs this Agreement shall, on behalf of the Firm, be primarily responsible for ensuring that the Firm’s duties hereunder are fulfilled; however, it is understood and agreed that other agents of the Firm may be assigned to fulfill such duties if deemed appropriate by the Firm. For purposes of this Agreement, the term “Firm,” as the context may require, shall be deemed to include the individual agent who signs this Agreement and any other agents of the Firm. NOTE: If the Property was most recently owned by a person who is now deceased, the tax listing or last recorded deed to the Property may not accurately identify the party(ies) who should be named as Seller. In such a case, the deceased owner's will, or applicable North Carolina law if the deceased owner died without a will, will determine the correct party(ies) to sign this Agreement. Advice from an NC attorney should be obtained concerning the proper party(ies) prior to completing this Agreement. If the owner of the Property is a corporation, limited liability company, trust or other legal entity, the entity should be named as Seller and a duly authorized officer, manager, trustee or other legal representative of the entity should sign this Agreement on the entity's behalf.
    [Show full text]