Acquisition by Creation

By
Real Estate Agent with Perry Wellington Realty

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

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