This paper will address the problem that is currently being confronted by the Walt Disney World Company; who owns the creative works made from software stolen from the original creator? Furthermore, does the court’s application of the “lion’s share” theory effectively further the Constitution’s intent to promote the growth of arts and sciences? By looking at the historical progression of intellectual property law and the holdings of key cases in copyright law, this paper will distill into a summary of key concerns the jurisprudence regarding associating property rights in intellectual property. By narrowing the key considerations of the court, this paper will contend that Margaret Radin’s theory of Personhood Perspective can play an important role in solving the issue Disney is facing, as well as future problems companies may face.
The Rearden Problem: Defining Ownership in a Changing Landscape,
27 U. Miami Bus. L. Rev.
Available at: https://repository.law.miami.edu/umblr/vol27/iss1/7