Acquisition by Creation
INS v. AP p. 60
Copyright- author owns his product, comes into effect without separate legal action
INS copies stories from the AP and then competes with it.
Argument is unfair competition – had to be registered at the time to be copyrighted
Copyright only protects expression, not the facts or information
It is not actually property but the court treats it like it is – want incentive to produce news
Jacque v. Steenberg Homes p. 100
The deliverer of the home wants to cross others property but they say no – he does it anyways
Jury awards nominal damages and punitive – judge sets aside the punitive damages
Appeals grants the damages – it is a big deal
Property owners have a right to exclude – even if unreasonable
State v. Shack p. 101
Migrant farmworkers – medical and legal personal want to see them – trespass?
Some exceptions of the right to exclude – this is one of them
Cheney Brothers v. Doris Silk p. 64
Law changes over time to reflect social efficiency
Change is for the legislature to do, not the court
Comments(0)