property_outline_main - Property Outline I Introduction I...

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Property Outline I. Introduction I. Introduction A. What is Property? 1. Bundle of sticks a. Each right constitutes a single stick contained in the bundle b. One person may own all the rights to the stick (“complete ownership”) but they may not c. Real estate example i. three types of estates for ownership: (1) surface estate, (2) mineral estate, and (3) support- cannot create nuisance ii. “easement”- selling the right to use my property 2. Types of Property a. Tangible vs intangible b. Real vs personal c. “commons”- things that should be enjoyed and shared by all; i.e. air, water, 3. Perspectives on Private Property a. Occupancy (origin: Ancient Roman law)- taking possession of that which at the moment is the property of no man, in order to acquire it for yourself i. Intangibles cannot be readily occupied, Tangibles can be occupied ii. Examples: squatters, Native American titles iii. *states tend to determine rights of property ownership b. Natural Law (origin: Thomas Aquinas)- People should be able to acquire the necessities of life (food, water, shelter, clothes) c. Labor Theory- (origin: John Locke) if you work, you should be able to acquire what you work for d. Utilitarianism, aka Property from law, (origin: Jeremy Bentham)- a strong and permanent expectation of owning property can result only from the law e. Economics (origin: Adam Smith) i. Three types of people: 1. those who live by rent- their interests is strictly and inseparably connected w/societal interests 2. those who live by wages- interests connected w/society’s and is determined by society’s demand 3. those who live by profit- not connected to society; naturally low in rich and high in poor countries ii. “invisible hand”- people who pursue their self-interest unconsciously promote the public interest B. Right of Publicity 4. Economic intangible personal interest in own name (usually a celebrity) 5. State determines/defines right of publicity; courts determine the contours 6. State of Tennessee ex rel. Elvis Presley International Memorial Foundation v. Crowell (1987) a. Issue: Whether celebrity’s right of publicity is descendible at death? b. Rule of rights of property : bundle of rights including: i. Right of possession, enjoyment, and use of property; ii. Unrestricted right of disposition; and iii. Power of testimonial disposition. c. Emerging Rule: Right of publicity is property and descendible after death 7. Midler v. Ford Motor Co. (9 th Circuit, 1988) a. Issue: Whether a company who imitates a celebrity’s voice in order to suggest the celebrity’s endorsement of the product is in violation of property law? b. Rules: i. Sinatra v. Goodyear Tire - a celebrity cannot claim property rights to a song that has been copyrighted and protected 1
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ii. Motschenbacher v . R.J. Reynolds Tobacco - there is injury from “an appropriation of the attributes of one’s identity” c. Holding/Application: An ad who attempts to imitate a person’s voice- one of the most palpable ways identity is manifested- appropriate what is not theirs
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property_outline_main - Property Outline I Introduction I...

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