2. A person's labour is their own
and this should be taken to include
the claim that the value of a
person's labour is value that they
own
Kawashima: Value of art: social, political and
economic structures, conceptual art
'intellectually inaccessible' but at the same
time popularised and plays important role
economically
Value not just £
Knowles: Economic value 'dwarfed' by symbolic
value (attracting other cultural industries, attracting
tourists, bolstering image of city, country etc
6. There is enough land in the world for everyone to make good use of
1. People have the right to
preserve own lives, this requires
some appropriation from the
common stock
Filmer: common ownership would require
consent of all mankind, unrealistic, refuted by
Locke himself
New Essays in IP: contents of common ideas don't
require exclusive use/ownership cf real property
Rahmatian: almost impossible for something to derive
entirely from author, requirement of material change
New Essays in IP: common property strained re:
IP, fully effective sue of ideas does not required
prolonged control/use and can be simultaneous
Sometimes needed for value to be appreciated
Attempts to monopolise run counter to IP 'spirit'
Shriffin characterisation
5. A person many only appropriate to the extent that
he does not waste his acquisition or allow then to
spot (stewardship)
New Essays in IP: only applies to real
property, IP cannot be wasted through
spoilage because usefulness does not
decay or expire
cf advances in technology, trends
3. A person's labour can be 'mixed in' with a
thing or 'annexed to' a thing which it
previously didn't, labour increases the value
of a thing and labour can indicate the extent
of appropriation
Rahmatian: different amount of labour required for
different types of work, inconsistent -- process
New Essays in IP: Exertion =
appropriation, better claim, adds value
and makes resource useful
4. A person may justifiably
appropriate only where enough
and as good is left in the common
stock
New Essays in IP: only applies to real property,
IP cannot be depleted
8. Invention of money occurs because
people concept to value things which
do not spoil, which allows for exchange
of labour for imperishable materials
7. Most of the value in something is
the result of labour which has been
'joined to' it
Idea of Property: thing is no more than
the embodiment of value of labour,
person controls labour, labour
transforms something previously
worthless
People consent to value something
scare (original) and will exchange it for
something (money)
Incorrect to think in terms of
solitary labourer, better to consider
cooperation between individuals as
the norm (art world actors)
Mixing with contract
Cohen: value of labour
requires use, includes
control to use at will
Kawashima: droit de suite
rationale, value not always
realised upon first sale