TY  - GEN
N2  - 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.
AB  - 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.
T1  - ‘Form’ in Conceptualising Copyright as a Property Right
AU  - Mysoor, Poorna
LA  - eng
ID  - 42061
KW  - Copyright
KW  - Property right
KW  - CDPA
TI  - ‘Form’ in Conceptualising Copyright as a Property Right
LK  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3602776
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3602776
ER  -