Research
Abandonment, Copyright and Orphaned Works: What Does it Mean to Take The Proprietary Nature of Intellectual Property Rights Seriously?
Type: Journal Article
Author
Emily Hudson, Robert Burrell
Description
This journal article explains how the doctrine of abandonment could apply to copyright works and suggests that such an interpretation may be of use to users of orphan works, including heritage institutions.
Date
2011 July 1
Abstract
The abstract provided by the author(s) of this work is as follows:
For many years there was doubt as to whether personal property could be abandoned in Australia. In more recent times, however, the existence of a doctrine of abandonment has been solidifying in relation to chattels. In this article the authors suggest that copyright can also be abandoned. This conclusion has significant implications for cultural institutions and other users struggling to deal with so-called ‘orphaned works’. More generally, the authors suggest that recognising that abandonment of copyright is possible has repercussions for how we think about intellectual property rights and, in particular, should cause us to look more closely at other doctrines within the law of personal property that might limit intellectual property’s reach.
Publisher
University of Melbourne
Institution
University of Melbourne
Journal Title
Melbourne University Law Review
Volume
35
Pages (from-to)
971-1004
ISSN
0025-8938
Jurisdiction
Australia
Language
ENG
Size
246 KB, 34 pp.
Copyright Information
In Copyright
Rights and Reuse
All Rights Reserved
Cortex Citation:
Emily Hudson and Robert Burrell, “Abandonment, Copyright and Orphaned Works: What Does it Mean to Take The Proprietary Nature of Intellectual Property Rights Seriously?,” Copyright Cortex, accessed October 18, 2026, https://copyright-cortex.org/research/abonment-copyright-orphaned-works-what-does-it-mean-to-take-the-proprietary-nature-of-intellectual-property-rights-seriously.
Emily Hudson and Robert Burrell, “Abandonment, Copyright and Orphaned Works: What Does it Mean to Take The Proprietary Nature of Intellectual Property Rights Seriously?,” Copyright Cortex, accessed October 18, 2026, https://copyright-cortex.org/research/abonment-copyright-orphaned-works-what-does-it-mean-to-take-the-proprietary-nature-of-intellectual-property-rights-seriously.