ABSTRACT
I argue that in order to properly analyse the entitlement structure in copyright, conceptual reorganisation is required. My criticism is directed at this structure, and in this chapter I will define what copyright comprises and establish that every allocation of a claim-right imposes duties on certain portions of society, which sometimes implies far-reaching consequences that can directly affect society as a whole. Copyright requires us to first understand the nature of the right, then study its implications in order to ascertain what copyright is and what it should be. One
1 CDPA 1988 s 1(1) provides that ‘[c]opyright is a property right…’ (emphasis added). I shall use the term property as a generic term and take examples mainly from land law.
