ABSTRACT

Over the last 300 years, the ‘model’ of copyright law in the United Kingdom-that is, the orthodox

conception of the nature of the property interest and obligations lying at its core-has evolved in

a manner that could be characterised as a form of ‘simplif ication’. This description seems

appropriate for two reasons. First, over this period, a generally accepted understanding of the

nature of the intangible property right protected by copyright has developed. Secondly, an ill-

defined obligation taking account of the ‘fairness’ or ‘reasonableness’ of parties’ conduct has been

replaced with a simpler trespass-like model.