PROPERTY ESSAY EXAMINATION #5

I. Youchello v. Remark and Wall
1. Found property
Youchello will argue that he found abandon property, the script, and has rights as against all other claimants. A finder of property, here Youchello, has rights in found property against all persons except the true owner. He will argue that Wall, the author, and arguably it owner, sold the book to Remark, and thereby abandoned his right: he manifested an intention to part with his right. That he never tried to reclaim or use the script is evidence that his sale of the book constituted an abandonment of the script. Youchello will argue that he brought this discarded property back into the stream of commerce, and should be rewarded by receiving the profits from its exploitation.
Remark will argue that Youchello was an invitee on his premises, but for a limited purpose; he was not invited to find or appropriate any property on the premises. Moreover, he will argue that since he purchased the book, it was under his care in the house, in his constructive possession. Thus it was never lost, and could not be found. The purchase of the book included the purchase of the writing inside. To allow Youchello to reap the profits of exploitation would encourage guests to hunt for windfalls amongst the property of their hosts.

II. Wall v. Youchello
1. Copyright
Wall will argue that copyright law protects the writings of authors. Should he be able to substantiate his authorship, he would claim that the creative spark is his rather than Youchello’s and his failure to register his right should not prejudice his right. Copyright in written work extends as least as long as his life. The fact that he did not choose to exploit it until now does not constitute an abandonment of his right. He must, however, somehow argue that he retained some copy of the work for prospective future exploitation. Authors are artists, and may sometimes act eccentrically; that conduct ought not to be regarded as a waiver of his rights.