Private Law Theory

Introduction
… Courts have had an opportunity to analyse acquiescence within proprietary estoppel more in land law than other areas. Therefore, this article begins in Section 1 by putting proprietary estoppel in perspective, providing a brief outline of land law cases that have contributed to the development of acquiescence to the extent these may be useful in the copyright context. It goes on to analyse why acquiescence is different from other approaches to establish proprietary estoppel and to demonstrate how the courts have adopted a unifying approach to proprietary estoppel, resulting in the loss of nuance. Section 2 deals with copyright cases, discussing first, the complexities involved in establishing authorship and in implying a bare licence. It goes on to address the question of irrevocability of the implied licence, demonstrating how the loss of nuance brings unsatisfactory results in copyright cases. It concludes by showing what sort of nuance is required in establishing acquiescence in copyright cases to produce a just and fair result …

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Poorna Mysoor, Proprietary Estoppel and Copyright Law, King’s Law Journal, https://doi.org/10.1080/09615768.2018.1549692. Published online: 26 December 2018.

First posted 2018-12-28 17:40:57