§ 7.01 Accession [66-67]

 

Under the doctrine of accession, one who in good faith applies labor to another’s property acquires title to the resulting project if this process (1) transforms the original item into a fundamentally different article or (2) greatly increases the value of the item.  

 

§ 7.02 Adverse Possession of Personal Property [67-68]

 

Most courts hold that one whose possession of a chattel owned by another is actual, adverse, hostile, exclusive, open and notorious, and continuous for the requisite period obtains title to it through adverse possession, by analogy to the rules governing real property. 

 

§ 7.03 Bailments [69-71]

 

A bailment is the rightful possession of a chattel by someone other than the owner, e.g., where A borrows B’s book.  In most states, the bailee’s duty of care for the chattel is governed by the ordinary negligence standard.  However, a bailee who delivers the chattel to the wrong person is usually held strictly liable.

 

§ 7.04 Bona Fide Purchasers [72-73]

 

As a general rule, a seller of personal property cannot pass on better title than he possesses, even to a bona fide purchaser.  However, there are several exceptions that protect the title of a bona fide purchaser under limited circumstances.

 

§ 7.05 Intellectual Property [73-77]

 

                        [A]       Common Law Rule

 

The common law provided no protection for intellectual property.  The inventor owned the chattel that embodied the invention, but not the design of the invention.  Today, exceptions have largely swallowed the common law rule.

 

                        [B]       Copyrights

 

Federal copyright law protects rights in original books, articles, songs, paintings, and related artistic creations that are original and “fixed” in tangible, physical form.  New works receive copyright protection for the author’s life, plus 70 years after her death.  However, there are a number of exceptions to the scope of copyright protection.

 

                        [C]       Patents

Exclusive property rights in certain types of inventions may be secured under a federal patent.  A person who invents or discovers any new and useful process, machine, or other invention and meets other statutory requirements can receive a patent which is effective for 20 years from the application date.

 

                        [D]       Trademarks

 

A trademark is a word, name, symbol, or device used to identify and distinguish the products of a particular manufacturer or retailer.  Statutory trademark protection is obtained by registering the mark with a federal agency and using the mark in interstate commerce.

 

                        [E]       Rights of Publicity

 

In most jurisdictions, a celebrity has a property right to the exclusive use of his name and likeness for financial gain.