Many things called “rights” – at CDL, we decided to
concentrate on Copyright; felt that in today’s environment and with
current law, recording
of data to support copyright analysis was key. Also, other working taking place around
license metadata.
“Rights” –Wesley N.
Hohfeld (1919) Fundamental Legal Conceptions as Applied in Judicial Reasoning
1.Duty (P duty Q not X)
2.Negative duty as well as positive
requirement (rights to active assistance as well as negative freedom
3.Ability of power (power of individual to
alter existing legal arrangements
4.An immunity from legal change (not only
rihgt as power but also lack of power)
Ronald Dworkin—(1984) Rights as Trumps