New York University School Of
NEW YORK UNIVERSITY SCHOOL OF LAW PUBLIC LAW & LEGAL THEORY RESEARCH PAPER SERIES WORKING PAPER NO. 14-10 Reconciling Intellectual & Personal Property Aaron Perzanowski and Jason Schultz April 2014 RECONCILING INTELLECTUAL & PERSONAL PROPERTY Aaron Perzanowski† & Jason Schultz†† Forthcoming 90 Notre Dame L. Rev. ___ Draft Oct. 1, 2014 INTRODUCTION Copyright law sets up an inevitable tension between the intellectual property of creators and the personal property of consumers—in other words, between copyrights and copies. On the one hand, ownership of the copyright confers the rights holder exclusivity over an intangible creative work. On the other, ownership of the copy secures domain over the use and alienation of a concrete instantiation of the work, sometimes in ways that would otherwise violate the exclusive rights of the copyright holder.1 The tension between these rights highlights copyright law’s role in regulating consumer behavior and personal property. It tells us, after all, where we can play our records, to whom we display our paintings, and whether we can sell our books.2 † Associate Professor, Case Western Reserve University School of Law †† Associate Professor of Clinical Law, New York University School of Law Thanks to Dave Fagundes, Brad Greenberg, James Grimmelmann, Jessica Litman, Mike Madison, Christina Mulligan, Sarah Schindler, and Lea Shaver, as well the participants of the Intellectual Property Scholars Conference at Cardozo Law School, the Works in Progress IP Conference at Santa Clara University School of Law, the University of Michigan Law School IP Workshop series, the Indiana University Robert H. McKinney School of Law faculty colloquium, and the Association for Law, Property and Society Conference at the University of British Columbia for valuable feedback.
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