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: 43(B)log

Transfer fees and IP rights

By Rebecca Tushnet

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An alert student pointed me to this article about developers' attempts to impose transfer fees for 99 years. Wonder how that fares under the Restatement of Servitudes as a restraint on alienability? Anyway, I was struck by the justification offered by a principal promoter of this plan, being marketed to developers around the country:
?Just like authors who write books and musicians who write songs that will be enjoyed for generations to come, those who improve property are also engaged in the creative process, and the economics of the transaction should reflect that reality,? a Freehold brochure says.
We are used to IP owners arguing from real property concepts of absolute dominion (often highly exaggerated) to enhance their own rights. Now IP is so absolute in the popular imagination that we are seeing real property owners make the opposite move. Is the analogy to termination of transfers? Public performance rights? Or really just an inchoate "these guys seem to be making money, I'd like to as well"? Perhaps someone ought to explain recording industry contracts and works for hire to them.

Full post as published by 43(B)log on April 02, 2010 (boomark / email).

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