Overview
This lecture covers foundational concepts in property law, focusing on personal and intellectual property, key cases (Pierson v. Post, Downey v. General Foods, INS v. AP, Diamond v. Chakrabarty, White v. Samsung, The Antelope), and the legal treatment of intangible assets and human bodies.
Incidents of Ownership & Personal Property
- Four key ownership rights: possession, use, alienation (transfer), and exclusion.
- Real property refers to land and attachments; personal property covers all other possessions.
- Possession means having intent and control over an object, with legal consequences for possession.
Possession & Legal Actions
- Rule of Capture: actual physical control or effective deprivation of an animal's liberty is needed for legal possession.
- Conversion/Trover: compensates for wrongful taking or destruction of personal property.
- Replevin: forces return of property wrongfully held.
- Trespass to Chattels: compensates for damage, not total loss, to personal property.
- Bailments: temporary transfer of possession but not ownership; can’t be made with fungible goods.
Case Law: Pierson v. Post
- Majority: Pursuit alone does not grant property rights in wild animals; actual capture or control required.
- Dissent: Vigorous, imminent pursuit with intent should create a pre-possessory right.
- Policy: Certainty and order from clear standards; dissent favors incentives for hunting pests.
Case Law: Downey v. General Foods Corp.
- To protect an idea legally, it must be novel and original.
- Common and previously used ideas (e.g., “Mr. Wiggle” for Jell-O) are not protected or compensable.
Case Law: INS v. Associated Press
- News facts are public domain, but news organizations have quasi-property rights against direct competitors to prevent unfair commercial use.
- Systematic appropriation of news by competitors before its commercial value expires is unfair competition.
Intellectual Property Law Overview
- Copyright protects expression, not facts; patents and trademarks have strict requirements.
- Patentable inventions must be new, useful, nonobvious, and sufficiently described (enablement).
- Trademarks prevent consumer confusion; right of publicity covers commercial use of personal identity.
Case Law: Diamond v. Chakrabarty
- Patent protection extends to nonnaturally occurring, human-made living organisms.
- Laws of nature and abstract ideas remain unpatentable.
Case Law: White v. Samsung
- Controversy over extending publicity rights to anything evoking a celebrity's identity.
- Dissent warns of overreach, loss of public domain, and suppression of creativity.
Intangible & Virtual Property
- Intangible assets (stocks, domain names) can be converted if they are rivalrous.
- Virtual property in online environments raises complex, unresolved legal issues.
Property in the Human Body: The Antelope
- Legal precedent historically recognized property rights in enslaved people, despite conflicts with natural law.
- U.S. courts required strong proof of lawful ownership in claims involving humans; ambiguity favored freedom.
Key Terms & Definitions
- Alienation — transfer of property rights by sale or gift.
- Bailment — rightful possession of goods by a non-owner.
- Conversion — wrongful taking or destruction of property.
- Quasi-property — limited property right as between direct competitors.
- Novelty (IP law) — requirement that an idea or invention be new to be legally protected.
- Right of publicity — right to control commercial use of one’s identity.
Action Items / Next Steps
- Read pages 891-899 and 906-921 for Thursday’s class.
- Review posted scans if the textbook is not available.