Can abandonment be irrevocable?
John Cowan
cowan at mercury.ccil.org
Wed Aug 13 04:07:53 UTC 2003
Peter Fairbrother scripsit:
> Does the author actually "lose" copyright by abandonment? Lose ownership?
> Lose the copyright itself? If so, what happens to it? Copyright exists by
> statute until expiry, so afaict it can't just "disappear".
>
> Copyright is a legal, as opposed to a natural or equitable right, and every
> text on rights I have read says that legal rights cannot be abandoned.
Say what? Every time I throw a piece of paper in the trash, my property
right in the paper, which exists *in perpetuity* at common law, is
abandoned, and the paper becomes *res nullius*, which anyone can
appropriate. Copyright being a creature of statute and incorporeal,
can't be appropriated like a piece of paper. So either abandonment is
not possible, or it has the effect of dedicating the work to the
public domain.
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