‘Form’ in conceptualizing copyright as a property right

Journal article

In the UK, all works need to be recorded in some manner for copyright to subsist. While scholars acknowledge that this requirement exists, its teleological significance is not appreciated. This article argues that the need for record is a fundamental requirement in conceptualising copyright as a property right, which gives the content of copyright subject matter a form, demarcating its boundaries and triggering property protection. It analyses the rules governing form, which are sometimes expressly and sometimes impliedly stated in the statute, but not necessarily understood independently from other requirements of copyright subsistence. It goes on to explain why the need for form exists at all and why it exists as a precondition to copyright subsistence, unlike authors’ rights regimes, going on to argue that the need for form is compatible with EU law.

Authors: Mysoor, P

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Copyright Society of the U.S.A.
• Journal: Journal of the Copyright Society of the U.S.A.
• Volume: 67
• Issue: 1
• Pages: 79-104
• Publication date: 2020-12-31
• Acceptance date: 2020-01-27
• ISSN: 0886-3520
• Language: English
• Keywords: property right; copyright; CDPA; fixation; property theory; FFR