Literary property

Literary property

The term literary property is used in publishing to refer to works generally covered by copyright but also an associated set of property rights that go far beyond what courts have historically permitted to be claimed as copyright infringement.

The Writers Guild of America, for instance, uses this term exclusively to refer to works registered with its WGA script registration service, so as not to restrict the claims it or its users can make regarding their rights.

Narrower than "intellectual property"

Since it applies only to literary works and not technological or social constructs such as are covered by patent or trademark law, the term is much narrower in scope than the hotly contested term "intellectual property" sometimes used to refer to all non-physical works in which property rights are recognized.

Differences between literary property and other non-physical property

Among other differences, in literary works a very specific concept of attribution is a critical part of the work itself - works tend to become markedly less valued or more valued based upon who originated or created it, which is simply not the case for inventions or brand names. Also, most countries recognize moral rights that are not alienable from the work, that is, a purchaser of rights in the work does not have the right to relabel it as if someone else had written it. While the USA does not recognize moral rights, it does have complex de facto standards such as the WGA screenwriting credit system which are actually more demanding and rigorous in specific industries.


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Look at other dictionaries:

  • literary property — The interest of an author in an original and expressive composition, that entitles the author to the exclusive use and profit thereof, with no interest vested in any other individual. The corporal property in which an intellectual production is… …   Law dictionary

  • literary property — ➔ property * * * literary property UK US noun [C or U] LAW ► someone s written or printed work, protected by law from being copied and sold by someone else: »The statute relocated the origin of literary property from the publisher to the author.… …   Financial and business terms

  • Literary property — Literary Lit er*a*ry (l[i^]t [ e]r*[asl]*r[y^]), a. [L. litterarius, literarius, fr. littera, litera, a letter: cf. F. litt[ e]raire. See {Letter}.] [1913 Webster] 1. Of or pertaining to letters or literature; pertaining to learning or learned… …   The Collaborative International Dictionary of English

  • Literary property — Property Prop er*ty, n.; pl. {Properties}. [OE. proprete, OF. propret[ e] property, F. propret[ e] neatness, cleanliness, propri[ e]t[ e] property, fr. L. proprietas. See {Proper}, a., and cf. {Propriety}.] [1913 Webster] 1. That which is proper… …   The Collaborative International Dictionary of English

  • literary property — The right which entitles an author and his assigns to all the use and profit of his composition, to which no independent right is, through any act or omission on his or their part, vested in another person. The exclusive right of owner to possess …   Black's law dictionary

  • literary property — The right which entitles an author and his assigns to all the use and profit of his composition, to which no independent right is, through any act or omission on his or their part, vested in another person. The exclusive right of owner to possess …   Black's law dictionary

  • literary property — noun 1. a. : the property an author or those claiming under him has in the written product of his intellectual skill and labor either before or after general publication and either at common law or under statutory copyright b. : the written… …   Useful english dictionary

  • literary property — An intellectual conception embodied in a form whereby it may be disseminated by the production of multiple copies. 18 Am J2d Copyr § 2. The interest of an author, or of those who claim under him, in his works, whether before or after publication… …   Ballentine's law dictionary

  • right of literary property — index copyright Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • property — prop‧er‧ty [ˈprɒpəti ǁ ˈprɑːpər ] noun properties PLURALFORM 1. [uncountable] LAW all the things that someone owns: • Some of the stolen property was found in Mason s house. • The President supports a tax cut on profits from sales of property… …   Financial and business terms

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